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Agreement No. G0460 10/26/2023
GVS COURTq° o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: January 25, 2024 TO: Jeff Manning, Sr. Planner Emergency Management FROM: Liz Yongue, Deputy Clerk SUBJECT: October 18, 2023 BOCC Meeting The attached item has been executed and added to the record: C17 Agreement with the State of Florida, Division of Emergency Management concerning an Emergency Management Performance Grant(Agreement 4G0460), in the amount of$68,386.00, fully grant funded and no local match; and authorization for the County Administrator or his designee to execute any additional documentation in relation to the grant. Should you have any questions please feel free to contact me at(305) 292-3550. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY 500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 Agreement Number: G0460 FEDERALLY FUNDED SUBAWARD AND GRANT AGREEMENT 2 C.F.R. §200.1 states that a"subaward may be provided through any form of legal agreement, including an agreement that the pass-through entity considers a contract." As defined by 2 C.F.R. §200.1, "pass-through entity" means"a non-federal entity that provides a subaward to a Sub-Recipient to carry out part of a federal program." As defined by 2 C.F.R. §200.1, "Sub-Recipient" means"a non-federal entity that receives a subaward from a pass-through entity to carry out part of a federal award." As defined by 2 C.F.R. §200.1, "Federal award" means"federal financial assistance that a non-federal entity receives directly from a federal awarding agency or indirectly from a pass-through entity." As defined by 2 C.F.R. §200.1, "subaward" means"an award provided by a pass-through entity to a Sub-Recipient for the Sub- Recipient to carry out part of a federal award received by the pass-through entity." The following information is provided pursuant to 2 C.F.R. §200.332: Sub-Recipient's name: Monroe County Sub-Recipient's unique entity identifier: QKLSCT2LM7M9 Federal Award Identification Number(FAIN): DHS-23-GPD-042-04-01 Federal Award Date: 10/1/2022—09/30/2025 Subaward Period of Performance Start and End Date: 10/1/2023—03/31//2025 Budget Period Start and End Date: 10/1/2022—03/31/2025 Amount of Federal Funds Obligated by this Agreement: $68,386.00 Total Amount of Federal Funds Obligated to the Sub-Recipient by the pass-through entity to include this Agreement: Total Amount of the Federal Award committed to the Sub-Recipient by the pass-through entity: $68,386.00 Federal award project description (see FFATA): See Article 1, Agreement Articles Name of Federal awarding agency: Dept. of Homeland Security Name of pass-through entity: FL. Division of Emergency Mgmt. Contact information for the pass-through entity: Kevin Guthrie, Executive Director 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 Assistance Listings Number and Title 97.042-Emergency Management Performance Grant(EMPG) Program Whether the award is R&D: N/A Indirect cost rate for the Federal award: 31.90% 1 THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Division"), and Monroe County , (hereinafter referred to as the "Sub- Recipient"). For the purposes of this Agreement, the Division serves as the pass-through entity for a federal award, and the Sub-Recipient serves as the recipient of a subaward. THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: A. The Sub-Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; B. The State of Florida received these grant funds from the Federal Government, and the Division has the authority to subgrant these funds to the Sub-Recipient upon the terms and conditions outlined below; and, C. The Division has statutory authority to disburse the funds under this Agreement. THEREFORE, the Division and the Sub-Recipient agree to the following: (1) APPLICATION OF STATE LAW TO THIS AGREEMENT 2 C.F.R. §200.302(a) provides: "Each state must expend and account for the Federal award in accordance with state laws and procedures for expending and accounting for the state's own funds. . ." Therefore, section 215.971, Florida Statutes, entitled "Agreements funded with federal or state assistance," applies to this Agreement. (2) LAWS, RULES, REGULATIONS AND POLICIES a. The Sub-Recipient's performance under this Agreement is subject to 2 C.F.R. Part 200, entitled "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards." b. As required by Section 215.971(1), Florida Statutes, this Agreement includes: i. A provision specifying a scope of work that clearly establishes the tasks that the Sub- Recipient is required to perform. ii. A provision dividing the agreement into quantifiable units of deliverables that must be received and accepted in writing by the Division before payment. Each deliverable must be directly related to the scope of work and specify the required minimum level of service to be performed and the criteria for evaluating the successful completion of each deliverable. iii. A provision specifying the financial consequences that apply if the Sub-Recipient fails to perform the minimum level of service required by the agreement. iv. A provision specifying that the Sub-Recipient may expend funds only for allowable costs resulting from obligations incurred during the specified agreement period. V. A provision specifying that any balance of unobligated funds which has been advanced or paid must be refunded to the Division. vi. A provision specifying that any funds paid in excess of the amount to which the Sub- Recipient is entitled under the terms and conditions of the agreement must be refunded to the Division. c. In addition to the foregoing, the Sub-Recipient and the Division shall be governed by all applicable State of Florida and Federal laws, rules and regulations, including those identified in Attachment D. Any express 2 reference in this Agreement to a particular statute, rule, or regulation in no way implies that no other statute, rule, or regulation applies. (3) CONTACT a. In accordance with section 215.971(2)(a)1, Florida Statutes,the Division's Grant Manager shall be responsible for enforcing performance of this Agreement's terms and conditions and shall serve as the Division's liaison with the Sub-Recipient. The Grant Manager for the Division shall: i. Monitor and document Sub-Recipient performance; and, ii. Review and document all deliverables for which the Sub-Recipient requests payment. b. The Division's Grant Manager for this Agreement is: Nyjuah Nixon FDEM 2555 Shumard Oak Blvd Tallahassee, FL 32399-2100 Telephone: (850) 815-4305 Email: Nyjuah.nixon@em.myflorida.com c. The name and address of the Representative of the Sub-Recipient responsible for the administration of this Agreement is: Shannon Davis-Weiner, Director QQn R'Ir(I RtPPt nrp;;n Marathon, FL 33050 Telephone: (305) 286-6018 Fax: (305) 289-6333 Email: weiner-shan non @mon roecounty-fl.gov d. In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title, and address of the new representative shall be provided to the other party. (4) TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the parties. (5) EXECUTION This Agreement may be executed in counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. This Agreement shall be signed by the Sub-Recipient and returned to the Division for execution no later than forty-five (45) days following initial notification of receipt. Failure to return the signed agreement by the deadline may result in termination of the grant award. (6) MODIFICATION Either party may request modification of the provisions of this Agreement. Changes which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to the original of this Agreement. 3 Subrecipients may initiate a one-time extension of the period of performance by up to six (6) months unless one or more of the conditions outlined in (i) through (iii) of this section apply. For one-time extensions, the subrecipient shall notify the Division in writing with the supporting reasons and revised period of performance at least one hundred eighty (180) calendar days before the end of the period of performance. This one-time extension shall not be exercised merely for the purpose of spending down the award balance. Extensions require explicit prior Division approval when: (i) The terms and conditions of the federal award prohibit the extension. (ii) The extension requires additional federal funds. (iii) The extension involves any change in the approved objectives or scope of the project. (7) SCOPE OF WORK. The Sub-Recipient shall perform the work in accordance with the Budget and Scope of Work, Attachments A and B of this Agreement. (8) PERIOD OF AGREEMENT. This Agreement shall begin October 1, 2023 and shall end March 31, 2025 unless terminated earlier in accordance with the provisions of Paragraph (17) of this Agreement. Consistent with the definition of"period of performance" contained in 2 C.F.R. §200.1, the term "period of agreement" refers to the time during which the Sub- Recipient"may incur new obligations to carry out the work authorized under"this Agreement. In accordance with 2 C.F.R. § 200.1, the Sub-Recipient may receive reimbursement under this Agreement only for"allowable costs incurred during the period of performance." In accordance with section 215.971(1)(d), Florida Statutes, the Sub-Recipient may expend funds authorized by this Agreement"only for allowable costs resulting from obligations incurred during"the period of agreement. (9) FUNDING a. This is a cost-reimbursement agreement, subject to the availability of funds. b. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with either Chapter 216, Florida Statutes, or the Florida Constitution. c. The Division shall reimburse the Sub-Recipient only for allowable costs incurred by the Sub-Recipient in the successful completion of each deliverable. The maximum reimbursement amount for each deliverable is outlined in Attachment A and B of this Agreement ("Budget and Scope of Work"). The maximum reimbursement amount for the entirety of this Agreement is $$68,386.00 d. As required by 2 C.F.R. §200.415(a), any request for payment under this Agreement shall include a certification, signed by an official who is authorized to legally bind the Sub-Recipient, which reads as follows: "By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812)." 4 e. The Division shall review any request for reimbursement by comparing the documentation provided by the Sub-Recipient against a performance measure, outlined in Attachment B, that clearly delineates: i. The required minimum acceptable level of service to be performed; and, ii. The criteria for evaluating the successful completion of each deliverable. f. The performance measure required by section 215.971(1)(b), Florida Statutes, remains consistent with the requirement for a "performance goal",which is defined in 2 C.F.R. § 200.1 as "a target level of performance expressed as a tangible, measurable objective, against which actual achievement can be compared." It also remains consistent with the requirement, contained in 2 C.F.R. § 200.329, that the Division and the Sub-Recipient"relate financial data to performance goals and objectives of the Federal award." g. If authorized by the federal awarding agency, then the Division shall reimburse the Sub-Recipient for overtime expenses in accordance with 2 C.F.R. § 200.430 ("Compensation—personal services") and 2 C.F.R. §200.431 ("Compensation—fringe benefits"). If the Sub-Recipient seeks reimbursement for overtime expenses for periods when no work is performed due to vacation, holiday, illness, failure of the employer to provide sufficient work, or other similar cause (see 29 U.S.C. §207(e)(2)), then the Division shall treat the expense as a fringe benefit. 2 C.F.R. §200.431(a) defines fringe benefits as "allowances and services provided by employers to their employees as compensation in addition to regular salaries and wages." Fringe benefits are allowable under this Agreement as long as the benefits are reasonable and are required by law, Sub-Recipient-employee agreement, or an established policy of the Sub-Recipient. 2 C.F.R. §200.431(b) provides that the cost of fringe benefits in the form of regular compensation paid to employees during periods of authorized absences from the job, such as for annual leave, family-related leave, sick leave, holidays, court leave, military leave, administrative leave, and other similar benefits, are allowable if all of the following criteria are met: i. They are provided under established written leave policies; ii. The costs are equitably allocated to all related activities, including federal awards; and, iii. The accounting basis (cash or accrual) selected for costing each type of leave is consistently followed by the non-federal entity or specified grouping of employees. h. If authorized by the federal awarding agency, then the Division shall reimburse the Sub-Recipient for travel expenses in accordance with 2 C.F.R. § 200.475. Reimbursement for travel shall be in accordance with section 112.061, Florida Statutes, which includes submission of the claim on the approved state travel voucher. If the Sub- Recipient seeks reimbursement for travel costs that exceed the amounts stated in section 112.061(6)(b), Florida Statutes ($6 for breakfast, $11 for lunch, and $19 for dinner), then the Sub-Recipient shall provide documentation that: i. The costs are reasonable and do not exceed charges normally allowed by the Sub-Recipient in its regular operations as a result of the Sub-Recipient's written travel policy; and, ii. Participation of the individual in the travel is necessary to the Federal award. i. The Division's grant manager, as required by section 215.971(2)(c), Florida Statutes, shall reconcile and verify all funds received against all funds expended during the grant agreement period and produce a final reconciliation report. The final report shall identify any funds paid in excess of the expenditures incurred by the Sub- Recipient. j. As defined by 2 C.F.R. § 200.1, the term "improper payment" means or includes: 5 i. Any payment that should not have been made or that was made in an incorrect amount (including overpayments and underpayments) under statutory, contractual, administrative, or other legally applicable requirements; and, ii. Any payment to an ineligible party, any payment for an ineligible good or service, any duplicate payment, any payment for a good or service not received (except for such payments where authorized by law), any payment that does not account for credit for applicable discounts, and any payment where insufficient or lack of documentation prevents a reviewer from discerning whether a payment was proper. k. Any advance payment under this Agreement is subject to section 216.181(16), Florida Statutes. All advances are required to be held in an interest-bearing account and may not exceed fifty percent of the grant award. If an advance payment is requested, an estimated expense table and justification statement shall be included with this Agreement as indicated in Attachment E, Justification of Advance Payment. Attachment E shall specify the amount of advance disbursement requested and provide an explanation of the necessity for and proposed use of the funds. (10)RECORDS a. As required by 2 C.F.R. §200.337, the federal awarding agency, Inspectors General, the Comptroller General of the United States, and the Division, or any of their authorized representatives, shall enjoy the right of access to any documents, papers, or other records of the Sub-Recipient which are pertinent to the Federal award, in order to make audits, examinations, excerpts, and transcripts. The right of access also includes timely and reasonable access to the Sub-Recipient's personnel for the purpose of interview and discussion related to such documents. Finally, the right of access is not limited to the required retention period but lasts as long as the records are retained. b. As required by sections 20.055(6)(c) and 215.97(5)(b), Florida Statutes, the Division, the Chief Inspector General of the State of Florida, the Florida Auditor General, or any of their authorized representatives, shall enjoy the right of access to any documents, financial statements, papers, or other records of the Sub-Recipient which are pertinent to this Agreement, in order to make audits, examinations, excerpts, and transcripts. The right of access also includes timely and reasonable access to the Sub-Recipient's personnel for the purpose of interview and discussion related to such documents. c. As required by 2 C.F.R. § 200.334, the Sub-Recipient shall retain sufficient records to show its compliance with the terms of this Agreement, as well as the compliance of all subcontractors or consultants paid from funds under this Agreement for a period of three (3)years from the date of submission of the final expenditure report. The following are the only exceptions to the three (3) year requirement: Financial records, supporting documents, statistical records, and all other non-federal entity records pertinent to a federal award shall be retained for a period of three (3) years from the date of submission of the final expenditure report or, for federal awards that are renewed quarterly or annually, from the date of the submission of the quarterly or annual financial report, respectively, as reported to the federal awarding agency or pass-through entity in the case of a Sub-Recipient. federal awarding agencies and pass- through entities shall not impose any other record retention requirements upon non-federal entities. i. If any litigation, claim, or audit is started before the expiration of the three (3)year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved and final action taken. 6 ii. When the non-federal entity is notified in writing by the federal awarding agency, cognizant agency for audit, oversight agency for audit, cognizant agency for indirect costs, or pass-through entity to extend the retention period. iii. Records for real property and equipment acquired with federal funds shall be retained for three (3) years after final disposition. iv. When records are transferred to or maintained by the federal awarding agency or pass-through entity, the three (3) year retention requirement is not applicable to the non-federal entity. V. Records for program income transactions after the period of performance. In some cases, recipients shall report program income after the period of performance. Where there is such a requirement, the retention period for the records pertaining to the earning of the program income starts from the end of the non-federal entity's fiscal year in which the program income is earned. vi. Indirect cost rate proposals and cost allocations plans. This paragraph applies to the following types of documents and their supporting records: Indirect cost rate computations or proposals, cost allocation plans, and any similar accounting computations of the rate at which a particular group of costs is chargeable (such as computer usage chargeback rates or composite fringe benefit rates). 1. If submitted for negotiation. If the proposal, plan, or other computation is required to be submitted to the federal Government (or to the pass-through entity) to form the basis for negotiation of the rate, then the three (3) year retention period for its supporting records starts from the date of such submission. 2. If not submitted for negotiation. If the proposal, plan, or other computation is not required to be submitted to the federal Government (or to the pass-through entity) for negotiation purposes, then the three (3)year retention period for the proposal, plan, or computation and its supporting records starts from the end of the fiscal year (or other accounting period) covered by the proposal, plan, or other computation. d. In accordance with 2 C.F.R. §200.335, the federal awarding agency shall request transfer of certain records to its custody from the Division or the Sub-Recipient when it determines that the records possess long-term retention value. However, in order to avoid duplicate recordkeeping, the federal awarding agency may make arrangements for the non-federal entity to retain any records that are continuously needed for joint use. e. In accordance with 2 C.F.R. § 200.336, the Division shall always provide or accept paper versions of Agreement information to and from the Sub-Recipient upon request. If paper copies are submitted, then the Division shall not require more than an original and two copies. When original records are electronic and cannot be altered, there is no need to create and retain paper copies. When original records are paper, electronic versions may be substituted through the use of duplication or other forms of electronic media provided that they are subject to periodic quality control reviews, provide reasonable safeguards against alteration, and remain readable. f. As required by 2 C.F.R. §200.303(e), the Sub-Recipient shall take reasonable measures to safeguard protected personally identifiable information and other information the federal awarding agency or the Division designates as sensitive or the Sub-Recipient considers sensitive consistent with applicable federal, state, local, and tribal laws regarding privacy and obligations of confidentiality. g. Section 286.011, Florida Statutes (Florida's Government in the Sunshine Law), provides the citizens of Florida with a right of access to governmental proceedings and mandates three, basic requirements: (1) meetings of 7 public boards or commissions shall be open to the public; (2) reasonable notice of such meetings shall be given; and (3) minutes of the meetings shall be taken and promptly recorded. The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity within the ambit of the open government requirements. However, Section 286.011, Florida Statutes (Florida's Government in the Sunshine Law), also applies to private entities that provide services to governmental agencies and that act on behalf of those agencies in the agencies' performance of their public duties. If a public agency delegates the performance of its public purpose to a private entity,then, to the extent that private entity is performing that public purpose, Section 286.011, Florida Statutes, the Government in the Sunshine Law applies. For example, if a volunteer fire department provides firefighting services to a governmental entity and uses facilities and equipment purchased with public funds, then Section 286.011, Florida Statutes, (Government in the Sunshine Law) applies to board of directors for that volunteer fire department. Thus, to the extent that the Government in the Sunshine Law applies to the Sub-Recipient based upon the funds provided under this Agreement, the meetings of the Sub-Recipient's governing board or the meetings of any subcommittee making recommendations to the governing board may be subject to open government requirements. These meetings shall be publicly noticed, open to the public, and the minutes of all the meetings shall be public records, available to the public in accordance with chapter 119, Florida Statutes. h. Chapter 119, Florida Statutes (Florida's Public Records Law), provides a right of access to the records of the state and local governments as well as to private entities acting on their behalf. Unless specifically exempted from disclosure by the Legislature, all materials made or received by a governmental agency (or a private entity acting on behalf of such an agency) in conjunction with official business which are used to perpetuate, communicate, or formalize knowledge qualify as public records subject to public inspection. The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity within the ambit of the public record requirements. However, when a public entity delegates a public function to a private entity, the records generated by the private entity's performance of that duty become public records. Thus, the nature and scope of the services provided by a private entity determine whether that entity is acting on behalf of a public agency and is therefore subject to the requirements of chapter 119, Florida Statutes. i. The Sub-Recipient shall maintain all records for the Sub-Recipient and for all subcontractors or consultants to be paid from funds provided under this Agreement, including documentation of all program costs, in a form sufficient to determine compliance with the requirements and objectives of the Program Budget and Scope of Work- Attachment A and B - and all other applicable laws and regulations. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (850) 815-7671, Records@em.myflorida.com, or 2555 Shumard Oak Boulevard, Tallahassee, FL 32399. (11)AUDITS a. The Sub-Recipient shall comply with the audit requirements contained in 2 C.F.R. Part 200, Subpart F. 8 b. In accounting for the receipt and expenditure of funds under this Agreement, the Sub-Recipient shall follow Generally Accepted Accounting Principles ("GAAP"). As defined by 2 C.F.R. § 200.1, GAAP "has the meaning specified in accounting standards issued by the Government Accounting Standards Board (GASB) and the Financial Accounting Standards Board (FASB)." c. When conducting an audit of the Sub-Recipient's performance under this Agreement, the Division shall use Generally Accepted Government Auditing Standards ("GAGAS"). As defined by 2 C.F.R. §200.1, GAGAS, "also known as the Yellow Book, means generally accepted government auditing standards issued by the Comptroller General of the United States, which are applicable to financial audits." d. If an audit shows that all or any portion of the funds disbursed were not spent in accordance with the conditions of this Agreement, the Sub-Recipient shall be held liable for reimbursement to the Division of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty (30) days after the Division has notified the Sub-Recipient of such non-compliance. e. The Sub-Recipient shall have all audits completed by an independent auditor, which is defined in section 215.97(2)(i), Florida Statutes, as "an independent certified public accountant licensed under chapter 473." The independent auditor shall state that the audit complied with the applicable provisions noted above. The audit shall be received by the Division no later than nine (9) months from the end of the Sub-Recipient's fiscal year. f. The Sub-Recipient shall send copies of reporting packages for audits conducted in accordance with 2 C.F.R. Part 200, by or on behalf of the Sub-Recipient, to the Division at the following address: DEMSingleAudit@em.myflorida.com OR Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 g. The Sub-Recipient shall send the Single Audit reporting package and Form SF-SAC to the Federal Audit Clearinghouse by submission online at: https:Hfacides.census.gov h. The Sub-Recipient shall send any management letter issued by the auditor to the Division at the following address: DEMSingleAudit em.myflorida.com OR Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (12)REPORTS a. Consistent with 2 C.F.R. § 200.328, the Sub-Recipient shall provide the Division with quarterly reports and a close-out report. These reports shall include the current status and progress by the Sub-Recipient and all 9 subcontractors in completing the work described in Attachment B-Scope of Work and the expenditure of funds under this Agreement, in addition to any other information requested by the Division. b. Quarterly reports are due to the Division no later than thirty (30) days after the end of each quarter of the program year and shall be sent each quarter until submission of the close-out report. The ending dates for each quarter of the program year are March 31, June 30, September 30, and December 31. c. The close-out report is due sixty (60) days after termination of this Agreement or thirty (30) days after completion of the activities contained in this Agreement, whichever first occurs. d. If all required reports and copies are not sent to the Division or are not completed in a manner acceptable to the Division, then the Division may withhold further payments until they are completed or may take other action as stated in Paragraph (16) REMEDIES. "Acceptable to the Division" means that the work product was completed in accordance with Attachments A and B of this Agreement. e. The Sub-Recipient shall provide additional program updates or information that may be required by the Division. f. The Sub-Recipient shall provide additional reports and information identified in Attachment B. (13)MONITORING. a. Consistent with 2 C.F.R. § 200.328 the Sub-Recipient shall monitor its performance under this Agreement, as well as that of its subcontractors and/or consultants who are paid from funds provided under this Agreement, to ensure that time schedules are being met, the Schedule of Deliverables and Scope of Work are being accomplished within the specified time periods, and other performance goals are being achieved. A review shall be done for each function or activity in Attachment B to this Agreement and reported in the quarterly report. b. In addition to reviews of audits, monitoring procedures may include, but not be limited to, On-site visits by Division staff, limited scope audits, and/or other procedures. The Sub-Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Division. In the event that the Division determines that a limited scope audit of the Sub-Recipient is appropriate,the Sub-Recipient agrees to comply with any additional instructions provided by the Division to the Sub-Recipient regarding such audit. The Sub-Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Florida Chief Financial Officer or Auditor General. In addition, the Division shall monitor the performance and financial management by the Sub-Recipient throughout the contract term to ensure timely completion of all tasks. (14)LIABILITY a. Unless Sub-Recipient is a State agency or subdivision, as defined in section 768.28(2), Florida Statutes, the Sub-Recipient is solely responsible to parties it deals with in carrying out the terms of this Agreement; as authorized by section 768.28(19), Florida Statutes, Sub-Recipient shall hold the Division harmless against all claims of whatever nature by third parties arising from the work performance under this Agreement. For purposes of this Agreement, Sub-Recipient agrees that it is not an employee or agent of the Division but is an independent contractor. b. As required by section 768.28(19), Florida Statutes, any Sub-Recipient which is a state agency or subdivision, as defined in section 768.28(2), Florida Statutes, agrees to be fully responsible for its negligent or tortious acts or omissions which result in claims or suits against the Division, and agrees to be liable for any damages proximately 10 caused by the acts or omissions to the extent set forth in Section 768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of sovereign immunity by any Sub-Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. c. As defined in section 200.310 Insurance Coverage: The non-federal entity shall, at a minimum, provide the equivalent insurance coverage for real property and equipment acquired or improved with federal funds as provided to property owned by the non-federal entity. Federally-owned property need not be insured unless required by the terms and conditions of the federal award. (15)DEFAULT If any of the following events occur ("Events of Default"), all obligations on the part of the Division to make further payment of funds shall terminate and the Division has the option to exercise any of its remedies set forth in Paragraph (16); however, the Division may make payments or partial payments after any events of default without waiving the right to exercise such remedies, and without becoming liable to make any further payment if: a. Any warranty or representation made by the Sub-Recipient in this Agreement or any previous agreement with the Division is or becomes false or misleading in any respect, or if the Sub-Recipient fails to keep or perform any of the obligations, terms or covenants in this Agreement or any previous agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to meet its obligations under this Agreement; b. Material adverse changes occur in the financial condition of the Sub-Recipient at any time during the term of this Agreement, and the Sub-Recipient fails to cure this adverse change within thirty (30) days from the date written notice is sent by the Division; c. Any reports required by this Agreement have not been submitted to the Division or have been submitted with incorrect, incomplete, or insufficient information; or, d. The Sub-Recipient has failed to perform and complete on time any of its obligations under this Agreement. (16)REMEDIES If an Event of Default occurs,then the Division shall, after thirty (30) calendar days written notice to the Sub-Recipient and upon the Sub-Recipient's failure to cure within those thirty (30) days, exercise any one or more of the following remedies, either concurrently or consecutively: a. Terminate this Agreement, provided that the Sub-Recipient is given at least thirty (30) days prior written notice of the termination. The notice shall be effective when placed in the United States, first class mail, postage prepaid, by registered or certified mail-return receipt requested, to the address in paragraph (3) herein; b. Begin an appropriate legal or equitable action to enforce performance of this Agreement; c. Withhold or suspend payment of all or any part of a request for payment; d. Require that the Sub-Recipient refund to the Division any monies used for ineligible purposes under the laws, rules and regulations governing the use of these funds. e. Exercise any corrective or remedial actions, to include but not be limited to: i. Request additional information from the Sub-Recipient to determine the reasons for or the extent of non-compliance or lack of performance, 11 ii. Issue a written warning to advise that more serious measures may be taken if the situation is not corrected, iii. Advise the Sub-Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or iv. Require the Sub-Recipient to reimburse the Division for the amount of costs incurred for any items determined to be ineligible; f. The Division may Administratively close an Agreement. The Division may use the administrative close- out process when a Sub-Recipient is not responsive to reasonable efforts to collect required reports needed to complete the standard close-out process. The Division shall make three (3) written attempts to collect required reports before initiating administrative close-out. In addition, if an agreement is administratively closed, the Division may decide to impose remedies for noncompliance per 2 C.F.R. §200.339, consider this information in reviewing future award applications, or apply special conditions to existing or future awards. If the Division needs to administratively close an agreement, this may negatively impact a Sub-Recipient's ability to obtain future funding; and g. Exercise any other rights or remedies which may be available under law. Pursuing any of the above remedies shall not stop the Division from pursuing any other remedies in this Agreement or provided at law or in equity. If the Division waives any right or remedy in this Agreement or fails to insist on strict performance by the Sub-Recipient, it shall not affect, extend or waive any other right or remedy of the Division, or affect the later exercise of the same right or remedy by the Division for any other default by the Sub-Recipient. (17)TERMINATION a. The Division may terminate this Agreement for cause after thirty days (30)written notice. Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations, failure to perform on time, and refusal by the Sub-Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under chapter 119, Florida Statutes, as amended. b. The Division may terminate this Agreement for cause after rejecting an appeal submitted due to noncompliance, nonactivity, and/or a lack of expenditures for four(4) consecutive quarterly reporting periods. c. The Division may terminate this Agreement for convenience or when it determines, in its sole discretion, that continuing the Agreement would not produce beneficial results in line with the further expenditure of funds, by providing the Sub-Recipient with thirty (30) calendar days prior written notice. d. The parties may agree to terminate this Agreement for their mutual convenience through a written amendment of this Agreement. The amendment shall state the effective date of the termination and the procedures for proper closeout of the Agreement. e. In the event that this Agreement is terminated, the Sub-Recipient shall not incur new obligations for the terminated portion of the Agreement after the Sub-Recipient has received the notification of termination. The Sub- Recipient shall cancel as many outstanding obligations as possible. Costs incurred after receipt of the termination notice shall be disallowed. The Sub-Recipient shall not be relieved of liability to the Division because of any breach of Agreement by the Sub-Recipient. The Division may,to the extent authorized by law, withhold payments to the Sub- 12 Recipient for the purpose of set-off until the exact amount of damages due the Division from the Sub-Recipient is determined. (18)PROCUREMENT a. The Sub-Recipient shall ensure that any procurement involving funds authorized by the Agreement complies with all applicable federal and state laws and regulations, to include 2 C.F.R. §§ 200.318 through 200.327 as well as Appendix II to 2 C.F.R. Part 200 (entitled "Contract Provisions for Non-Federal Entity Contracts Under Federal Awards"). b. As required by 2 C.F.R. §200.318(i), the Sub-Recipient shall "maintain records sufficient to detail the history of procurement. These records shall include but are not necessarily limited to the following: rationale for the method of procurement, selection of contract type, contractor selection or rejection, and the basis for the contract price." c. As required by 2 C.F.R. § 200.318(b), the Sub-Recipient shall "maintain oversight to ensure that contractors perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders." In order to demonstrate compliance with this requirement, the Sub-Recipient shall document, in its quarterly report to the Division, the progress of any and all subcontractors performing work under this Agreement. d. Except for procurements by micro-purchases pursuant to 2 C.F.R. § 200.320(a)(1) or procurements by small purchase procedures pursuant to 2 C.F.R. § 200.320(a)(2), if the Sub-Recipient chooses to subcontract any of the work required under this Agreement, then the Sub-Recipient shall forward to the Division a copy of any solicitation (whether competitive or non-competitive) at least ten (10) days prior to the publication or communication of the solicitation. The Division shall review the solicitation and provide comments, if any, to the Sub-Recipient within seven (7) business days. Consistent with 2 C.F.R. § 200.325, the Division shall review the solicitation for compliance with the procurement standards outlined in 2 C.F.R. § 200.318 through 200.327 as well as Appendix II to 2 C.F.R. Part 200. Consistent with 2 C.F.R. § 200.318(k),the Division shall not substitute its judgment for that of the Sub-Recipient. While the Sub-Recipient does not need the approval of the Division in order to publish a competitive solicitation, this review may allow the Division to identify deficiencies in the vendor requirements or in the commodity or service specifications. The Division's review and comments shall not constitute an approval of the solicitation. Regardless of the Division's review, the Sub-Recipient remains bound by all applicable laws, regulations, and agreement terms. If during its review the Division identifies any deficiencies, then the Division shall communicate those deficiencies to the Sub-Recipient as quickly as possible within the seven (7) business day window outlined above. If the Sub-Recipient publishes a competitive solicitation after receiving comments from the Division that the solicitation is deficient, then the Division may: i. Terminate this Agreement in accordance with the provisions outlined in paragraph (17) above; and, ii. Refuse to reimburse the Sub-Recipient for any costs associated with that solicitation. e. Except for procurements by micro-purchases pursuant to 2 C.F.R. § 200.320(a)(1) or procurements by small purchase procedures pursuant to 2 C.F.R. § 200.320(a)(2), if the Sub-Recipient chooses to subcontract any of the work required under this Agreement, then the Sub-Recipient shall forward to the Division a copy of any contemplated contract prior to contract execution. The Division shall review the unexecuted contract and provide comments, if any, to the Sub-Recipient within seven (7) business days. Consistent with 2 C.F.R. § 200.325, the Division shall review the unexecuted contract for compliance with the procurement standards outlined in 2 C.F.R. § 200.318 through 200.327 as 13 well as Appendix II to 2 C.F.R. Part 200. Consistent with 2 C.F.R. § 200.318(k), the Division shall not substitute its judgment for that of the Sub-Recipient. While the Sub-Recipient does not need the approval of the Division in order to execute a subcontract, this review may allow the Division to identify deficiencies in the terms and conditions of the subcontract as well as deficiencies in the procurement process that led to the subcontract. The Division's review and comments shall not constitute an approval of the subcontract. Regardless of the Division's review, the Sub-Recipient remains bound by all applicable laws, regulations, and agreement terms. If during its review the Division identifies any deficiencies, then the Division shall communicate those deficiencies to the Sub-Recipient as quickly as possible within the seven (7) business day window outlined above. If the Sub-Recipient executes a subcontract after receiving a communication from the Division that the subcontract is non-compliant, then the Division may: i. Terminate this Agreement in accordance with the provisions outlined in paragraph (17) above; and, ii. Refuse to reimburse the Sub-Recipient for any costs associated with that subcontract. f. The Sub-Recipient agrees to include in the subcontract that (i) the subcontractor is bound by the terms of this Agreement, (ii)the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Division and Sub-Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. effected g. As required by 2 C.F.R. § 200.318(c)(1), the Sub-Recipient shall "maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award and administration of contracts." h. As required by 2 C.F.R. § 200.319(b) contractors that develop or draft specifications, requirements, statements of work, or invitations for bids or requests for proposals shall be excluded from competing for such procurements. The Sub-Recipient or pass-thru entity shall disclose to the Division, in writing, any real or potential conflict of interest that may arise during the administration of the Federal award, as defined by federal statutes or regulations, or their own existing policies, within five (5) days of learning of the conflict of interest. "Conflict of interest" is considered as any situation where an employee, officer, or agent, any members of his or her immediate family, or his or her partner has a close personal relationship, business relationship, or professional relationship, with a recipient or Sub-Recipient. i. As required by 2 C.F.R. § 200.319(a), the Sub-Recipient shall conduct any procurement under this agreement"in a manner providing full and open competition." Accordingly, the Sub-Recipient shall not: i. Place unreasonable requirements on firms in order for them to qualify to do business; ii. Require unnecessary experience or excessive bonding; iii. Use noncompetitive pricing practices between firms or between affiliated companies; iv. Execute noncompetitive contracts to consultants that are on retainer contracts; V. Authorize, condone, or ignore organizational conflicts of interest; vi. Specify only a brand name product without allowing vendors to offer an equivalent; vii. Specify a brand name product instead of describing the performance, specifications, or other relevant requirements that pertain to the commodity or service solicited by the procurement; viii. Engage in any arbitrary action during the procurement process; or, 14 ix. Allow a vendor to bid on a contract if that bidder was involved with developing or drafting the specifications, requirements, statement of work, invitation to bid, or request for proposals. j. "Except in those cases where applicable Federal statutes expressly mandate or encourage" otherwise, the Sub-Recipient, as required by 2 C.F.R. §200.319(c), shall not use a geographic preference when procuring commodities or services under this Agreement. k. The Sub-Recipient shall conduct any procurement involving invitations to bid (i.e. sealed bids) in accordance with 2 C.F.R. § 200.320(b)(1) as well as section 287.057(1)(a), Florida Statutes. I. The Sub-Recipient shall conduct any procurement involving requests for proposals (i.e. competitive proposals) in accordance with 2 C.F.R. §200.320(b)(2) as well as section 287.057(1)(b), Florida Statutes. m. For each subcontract, the Sub-Recipient shall provide information to the Division as to whether that subcontractor is a minority business enterprise, as defined in Section 288.703, Florida Statutes, except for the requirement the subcontractor be domiciled in Florida, on the required Procurement Method Report(Form 5). Additionally, the Sub-Recipient shall comply with the requirements of 2 C.F.R. §200.321 ("Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms"). n. The Federal Emergency Management Agency (FEMA) has developed helpful resources for Sub- Recipients using federal grant funds for procurements. These resources are generally available at https://www.fema.gov/grants/procurement. FEMA periodically updates this resource page so please check back for the latest information. While not all the provisions discussed in the resources are applicable to this subgrant agreement, the Sub-Recipient may find these resources helpful when drafting its solicitation and contract for compliance with the Federal procurement standards outlined in 2 C.F.R. §§ 200.318 through 200.327 as well as Appendix II to 2 C.F.R. Part 200. (19)ATTACHMENTS AND EXHIBITS a. All attachments to this Agreement are incorporated as if set out fully. b. In the event of any inconsistencies or conflict between the language of this Agreement and the attachments, the language of the attachments shall control, but only to the extent of the conflict or inconsistency. c. This Agreement has the following attachments: i. Exhibit 1 - Funding Sources ii. Exhibit 2—Certification Regarding Telecommunications and Video Restrictions iii. Exhibit 3—Certification Regarding Lobbying iv. Attachment A— Program Budget V. Attachment B —Scope of Work vi. Attachment C—Allowable Cost and Eligible Activity vii. Attachment D— Program Statutes and Regulations viii. Attachment E—Justification of Advance Payment ix. Attachment F—Warranties and Representations X. Attachment G —Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion xi. Attachment H—Statement of Assurances 1 xii. Attachment I —Mandatory Contract Provisions xiii. Attachment J —Financial and Program Monitoring Guidelines xiv. Attachment K— EHP Guidelines xv. Attachment L— Reimbursement Checklist xvi. Attachment M—Foreign Country of Concern Affidavit— Personal Identifying Information Contract (20)PAYM ENTS a. If the necessary funds are not available to fund this Agreement as a result of action by the United States Congress,the Federal Office of Management and Budgeting, the State Chief Financial Officer or under subparagraph (9)b. of this Agreement, all obligations on the part of the Division to make any further payment of funds shall terminate, and the Sub-Recipient shall submit its closeout report within thirty (30) days of receiving notice from the Division. b. Invoices shall be submitted at least quarterly and shall include the supporting documentation for all costs of the project or services. The final invoice shall be submitted within thirty (30) days after the expiration date of the agreement. An explanation of any circumstances prohibiting the submittal of quarterly invoices shall be submitted to the Division grant manager as part of the Sub-Recipient's quarterly reporting as referenced in Paragraph (12) of this Agreement. c. Any advance payment under this Agreement is subject to 2 C.F.R. § 200.305 and, as applicable, section 216.181(16), Florida Statutes. All requests for advance payments shall be reviewed and considered on a case-by- case basis. All advances are required to be held in an interest-bearing account and shall not exceed fifty percent of the grant award. If an advance payment is requested, an estimated expense table and justification statement shall be included in this Agreement. All advance requests shall be submitted at the time of execution of the original agreement, unless an Environmental Historical Preservation (EHP) review is required. If an EHP is required advance payments shall not be processed until approval from FEMA has been received. Advance requests can only be made by completing Attachment E and shall specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. No advance shall be accepted for processing if a reimbursement has been paid prior to the submittal of a request for advanced payment. After the initial advance, if any, payment shall be made on a reimbursement basis as needed. (21)RE PAYM E NTS a. All refunds or repayments due to the Division under this Agreement are to be made payable to the order of"Division of Emergency Management", and mailed directly to the following address: Division of Emergency Management Cashier 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 16 b. In accordance with section 215.34(2), Florida Statutes, if a check or other draft is returned to the Division for collection, Sub-Recipient shall pay the Division a service fee of$15.00 or 5% of the face amount of the returned check or draft, whichever is greater. (22)MANDATED CONDITIONS a. The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Sub-Recipient in this Agreement, in any later submission or response to a Division request, or in any submission or response to fulfill the requirements of this Agreement. All of said information, representations, and materials are incorporated by reference. The inaccuracy of the submissions or any material changes shall, at the option of the Division and with thirty (30) days written notice to the Sub-Recipient, cause the termination of this Agreement and the release of the Division from all its obligations to the Sub-Recipient. b. The laws of the State of Florida shall govern this Agreement. The Division and the Sub-Recipient submit to the jurisdiction of the courts of the State of Florida exclusively for any legal action related to this Agreement. Further, the Sub-Recipient hereby waives any and all privileges and rights relating to venue it may have under chapter 47, Florida Statutes, and any and all such venue privileges and rights it may have under any other statute, rule, or case law, including, but not limited to those grounded on convenience. The Sub-Recipient hereby submits to venue in the county chosen by the Division, to wit: Leon County, Florida. c. Any power of approval or disapproval granted to the Division under the terms of this Agreement shall survive the term of this Agreement. d. The Sub-Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 et seg. , which prohibits discrimination by public and private entities on the basis of disability in employment, public accommodations, transportation, State and local government services, and telecommunications. e. Those who have been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list shall not submit a bid on a contract to provide any goods or services to a public entity, shall not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, shall not submit bids on leases of real property to a public entity, shall not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and shall not transact business with any public entity in excess of$25,000.00 for a period of thirty-six (36) months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. f. Any Sub-Recipient which is not a local government or state agency, and which receives funds under this Agreement from the Federal Government, certifies,to the best of its knowledge and belief, that it and its principals: i. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; ii. Have not, within a five (5) year period preceding this proposal been convicted of or had a civil judgment rendered against them for fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local)transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 17 iii. Are not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state or local)with commission of any offenses enumerated in paragraph (22) f. ii. of this certification; and, iv. Have not within a five (5)year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause or default. g. If the Sub-Recipient is unable to certify to any of the statements in this certification, then the Sub- Recipient shall attach an explanation to this Agreement. h. In addition,the Sub-Recipient shall send to the Division (by email or by facsimile transmission)the completed "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion" (Attachment G)for each intended subcontractor which Sub-Recipient plans to fund under this Agreement. The form shall be received by the Division before the Sub-Recipient enters into a contract with any subcontractor. i. The Division reserves the right to unilaterally cancel this Agreement if the Sub-Recipient refuses to allow public access to all documents, papers, letters or other material subject to the provisions of chapter 119, Florida Statutes, which the Sub-Recipient created or received under this Agreement. j. If the Sub-Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Division or be applied against the Division's obligation to pay the contract amount. k. The State of Florida shall not intentionally award publicly funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INA")]. The Division shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Sub-Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Division. I. Section 287.05805, Florida Statutes, requires that any state funds provided for the purchase of or improvements to real property are contingent upon the contractor or political subdivision granting to the state a security interest in the property at least to the amount of state funds provided for at least five (5)years from the date of purchase or the completion of the improvements or as further required by law. m. Unless preempted by federal law, the Division may, at its option, terminate the Contract if the Contractor is found to have submitted a false certification as provided under section 287.135(5), F.S., or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, or to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel. (23)LOBBYING PROHIBITION a. 2 C.F.R. §200.450 prohibits reimbursement for costs associated with certain lobbying activities. b. Section 216.347, Florida Statutes, prohibits "any disbursement of grants and aids appropriations pursuant to a contract or grant to any person or organization unless the terms of the grant or contract prohibit the expenditure of funds for the purpose of lobbying the Legislature, the judicial branch, or a state agency." 18 c. No funds or other resources received from the Division under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. d. The Sub-Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief: i. No federal appropriated funds have been paid or shall be paid, by or on behalf of the Sub- Recipient, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. ii. If any funds other than federal appropriated funds have been paid or shall be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan or cooperative agreement, the Sub-Recipient shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities." iii. The Sub-Recipient shall require that this certification be included in the award documents for all subawards (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all Sub-Recipients shall certify and disclose. iv. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. V. If this subgrant agreement amount is $100,000 or more, the Sub-Recipient, and subcontractors, as applicable, shall sign Attachment M —Certification Regarding Lobbying. (24)COPYRIGHT, PATENT AND TRADEMARK EXCEPT AS PROVIDED BELOW,ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA; AND,ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE SUB-RECIPIENT TO THE STATE OF FLORIDA. a. If the Sub-Recipient has a pre-existing patent or copyright, the Sub-Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise. b. If any discovery or invention is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected with it, the Sub-Recipient shall refer the discovery or invention to the Division for a determination whether the State of Florida shall seek patent protection in its name. Any patent rights accruing under or in connection with the performance of this Agreement are reserved to the State of Florida. If any books, manuals, films, or other copyrightable material are produced, the Sub-Recipient shall notify the Division. Any 19 copyrights accruing under or in connection with the performance under this Agreement are transferred by the Sub- Recipient to the State of Florida. c. Within thirty (30) days of execution of this Agreement, the Sub-Recipient shall disclose all intellectual properties relating to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Sub-Recipient shall retain all rights and entitlements to any pre-existing intellectual property which is disclosed. Failure to disclose shall indicate that no such property exists. The Division shall then, under Paragraph (24) b., have the right to all patents and copyrights which accrue during performance of the Agreement. d. If the Sub-Recipient qualifies as a state university under Florida law, then, pursuant to section 1004.23, Florida Statutes, any invention conceived exclusively by the employees of the Sub-Recipient shall become the sole property of the Sub-Recipient. In the case of joint inventions,that is inventions made jointly by one or more employees of both parties hereto, each party shall have an equal, undivided interest in and to such joint inventions. The Division shall retain a perpetual, irrevocable, fully-paid, nonexclusive license, for its use and the use of its contractors of any resulting patented, copyrighted or trademarked work products, developed solely by the Sub-Recipient, under this Agreement, for Florida government purposes. (25)LEGAL AUTHORIZATION The Sub-Recipient certifies that it has the legal authority to receive the funds under this Agreement and that its governing body has authorized the execution and acceptance of this Agreement. The Sub-Recipient also certifies that the undersigned person has the authority to legally execute and bind Sub-Recipient to the terms of this Agreement. (26)EQUAL OPPORTUNITY EMPLOYMENT a. In accordance with 41 C.F.R. § 60-1.4(b), the Sub-Recipient hereby agrees that it shall incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from the federal government or borrowed on the credit of the federal government pursuant to a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause: During the performance of this contract, the contractor agrees as follows: i. The contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. ii. The contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants shall receive considerations for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. 20 iii. The contractor shall not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. iv. The contractor shall send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. V. The contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. vi. The contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and shall permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. vii. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. viii. The contractor shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions shall be binding upon each subcontractor or vendor. The contractor shall take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. b. The Sub-Recipient further agrees that it shall be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the 21 applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. c. The Sub-Recipient agrees that it shall assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it shall furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it shall otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. d. The Sub-Recipient further agrees that it shall refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive order and shall carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive order. In addition, the Sub-Recipient agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the Sub-Recipient under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such Sub-Recipient; and refer the case to the Department of Justice for appropriate legal proceedings. (27)COPELAND ANTI-KICKBACK ACT The Sub-Recipient hereby agrees that, unless exempt under federal law, it shall incorporate or cause to be incorporated into any contract for construction work, or modification thereof, the following clause: i. Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. ii. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. iii. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. (28)CONTRACT WORK HOURS AND SAFETY STANDARDS If the Sub-Recipient, with the funds authorized by this Agreement, enters into a contract that exceeds $100,000 and involves the employment of mechanics or laborers,then any such contract shall include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard work week of forty (40) hours. Work in excess of the standard work week is permissible provided that 22 the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of forty (40) hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation. (29)CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT If the Sub-Recipient, with the funds authorized by this Agreement, enters into a contract that exceeds $150,000, then any such contract shall include the following provision: Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387) and shall report violations to FEMA and the Regional Office of the Environmental Protection Agency (EPA). (30)SUSPENSION AND DEBARMENT If the Sub-Recipient, with the funds authorized by this Agreement, enters into a contract, then any such contract shall include the following provisions: i. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). ii. The contractor shall comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and shall include a requirement to comply with these regulations in any lower tier covered transaction it enters into. iii. This certification is a material representation of fact relied upon by the Division. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the Division, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. iv. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. (31)BYRD ANTI-LOBBYING AMENDMENT If the Sub-Recipient, with the funds authorized by this Agreement, enters into a contract, then any such contract shall include the following clause: Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended). Contractors who apply or bid for an award of$100,000 or more shall file the required certification. Each tier certifies to the tier above that it shalll not and has not used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the recipient. 23 If the Sub-Recipient enters into a contract with a subcontractor for an award of$100,000 or more, the subcontractor shall sign Exhibit 3—Certification Regarding Lobbying. (32) CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS a. If the Sub-Recipient, with the funds authorized by this Agreement, seeks to procure goods or services,then, in accordance with 2 C.F.R. § 200.321, the Sub-Recipient shall take the following affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible: i. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; ii. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; iii. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; iv. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; V. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and vi. Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs i. through v. of this subparagraph. b. The requirement outlined in subparagraph a. above, sometimes referred to as "socioeconomic contracting," does not impose an obligation to set aside either the solicitation or award of a contract to these types of firms. Rather, the requirement only imposes an obligation to carry out and document the six affirmative steps identified above. c. The "socioeconomic contracting" requirement outlines the affirmative steps that the Sub-Recipient shallt take; the requirements do not preclude the Sub-Recipient from undertaking additional steps to involve small and minority businesses and women's business enterprises. d. The requirement to divide total requirements,when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises, does not authorize the Sub-Recipient to break a single project down into smaller components in order to circumvent the micro- purchase or small purchase thresholds so as to utilize streamlined acquisition procedures (e.g. "project splitting"). (33) ASSURANCES The Sub-Recipient shall comply with any Statement of Assurances incorporated as Attachment H. 24 • IN WITNESS WHEREOF, the parties hereto have executed this Agreement. SUB-RECIPIENT: . •e County . �+ Attest: Kevin Madok, Clerk `, • .. ,•• .."�`, eis Depu Clerk Name and Title: Craig Cates, Mayor 3 Date: �_ �u `.` FID# 59-6000749 °� .. , .N►Y' iN r14 If signing electronically: By providing this electronic signature, I am attesting that I understand that electronic signatures are legally binding and have the same meaning as handwritten signatures. I am also confirming that internal controls have been maintained, and that policies and procedures were properly followed to ensure the authenticity of the electronic signature. I acknowledge that typewritten and/or script fonts are not acceptable as a digital signature.All electronic signatures shall be certified digital signatures and include:the signee's name, time and date stamp. This statement is to certify that I confirm that this electronic signature is to be the legally binding equivalent of my handwritten signature and that the data on this form is accurate to the best of my knowledge. STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT 1--4;266,71/10,046,2-teA, Arait.idites.2 By: for: Name and Title: Kevin Guthrie. Executive Director Date: 17 January 2024 ULui� Approved as to form and legal sufficiency Monroe County Attomey's Office Christina Coty,Assistant County Attorney r'n :-)n . C� 2C PO -T1 rn liti� `'7 25 EXHIBIT— 1 Federal Programs and Resources Awarded THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE SUB-RECIPIENT UNDER THIS AGREEMENT: Federal Program: EMERGENCY MANAGEMENT PERFORMANCE GRANT(EMPG) PROGRAM Federal Agency: U.S. Department of Homeland Security, Federal Emergency Management Catalog of Federal Domestic Assistance title and number: 97.042 Award amount: $_$68,386.00 THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES AWARDED UNDER THIS AGREEMENT: Federal Program: Emergency Management Performance Grant (EMPG) Program List applicable compliance requirements as follows: 1. Sub-Recipient is to use funding to perform eligible activities as identified FY 2023 Department of Homeland Security Notice of Funding Opportunity. 2. Sub-Recipient is subject to all administrative and financial requirements as set forth in this Agreement or shall not be in compliance with the terms of the Agreement. 3. Sub-Recipient shall comply with specific laws, rules, or regulations that pertain to how the awarded resources shall be used or how eligibility determinations are to be made. NOTE:2 C.F.R. Part 200, and section 215.97(5)(a), Florida Statutes, require that the information about Federal Programs and State Projects included in Exhibit 1 be provided to the Sub-Recipient. Sub-Recipient: Monroe [_minty By: Date: September 29, 2023 Shannon Davis-Weiner, Emergency Management Director Printed Name and Title If signing electronically: By providing this electronic signature,/am attesting that/understand that electronic signatures are legally binding and have the same meaning as handwritten signatures. 1 am also confirming that internal controls have been maintained, and that policies and procedures were properly followed to ensure the authenticity of the electronic signature. 1 acknowledge that typewritten andlor script fonts are not acceptable as a digital signature. All electronic signatures shall be certified digital signatures and include:the signee's name, time and date stamp. This statement is to certify that 1 confirm that this electronic signature is to be the legally binding equivalent of my handwritten signature and that the data on this form is accurate to the best of my knowledge. 26 EXHIBIT—2 Certification Regarding Telecommunications and Video Restrictions Effective August 13, 2020, DHS/FEMA Sub-Recipients, as well as their contractors and subcontractors, shall not use grant funds under the Emergency Management Performance Grant (EMPG) Program covered by this Agreement and provided in FY 2023 or previous years to: 1. Procure or obtain, extend or renew a contract to procure or obtain, or enter into a contract to procure or obtain any equipment, system, or service that uses "covered telecommunications equipment or services" as a substantial or essential component of any system, or as critical technology of any system; or 2. Enter into, extend or renew contracts with entities that use or provide, as part of its performance of this agreement or any other contractual instrument, any equipment, system, or service that uses "covered telecommunications equipment or services" as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition regarding certain telecommunications and video surveillance services or equipment is mandated by section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (FY 2019 NDAA), Pub. L. No. 115-232 (2018), and 2 C.F.R. § 200.216, 200.327, 200.471, AND Appendix II to 2 C.F.R. Part 200. Sub-Recipients may use DHS/FEMA grant funding to procure replacement equipment and services impacted by this prohibition, provided the costs are otherwise consistent with the requirements of the FY 2023 Preparedness Grants Manual, applicable appendix to the Manual, and applicable NOFO. DHS/FEMA shall publish additional guidance in a subsequent Information Bulletin or similar notice. Per section 889(0(2)-(3) of the FY 2019 NDAA, covered telecommunications equipment or services means: 1. Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation, (or any subsidiary or affiliate of such entities); 2. For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); 3. Telecommunications or video surveillance services provided by such entities or using such equipment; or 4. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the People's Republic of China. In the event the Sub-Recipient identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance or at any time or by any other source, the Sub-Recipient shall report the information to the Division: 1. Within one (1) business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier(if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. 2. Within ten (10) business days of submitting the aforementioned information: Any further available information about mitigation actions undertaken or recommended. In addition, the Sub-Recipient shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that shall be incorporated to prevent future use or submission of covered telecommunications equipment or services. 27 Sub-Recipient: Mo roe County By: 77�4� Date: September 29, 2023 Shannon Davis-Weiner, Emergency Management Director Printed Name and Title If signing electronically: By providing this electronic signature,/am attesting that/understand that electronic signatures are legally binding and have the same meaning as handwritten signatures. 1 am also confirming that internal controls have been maintained, and that policies and procedures were properly followed to ensure the authenticity of the electronic signature. 1 acknowledge that typewritten andlor script fonts are not acceptable as a digital signature. All electronic signatures shall be certified digital signatures and include:the signee's name, time and date stamp. This statement is to certify that 1 confirm that this electronic signature is to be the legally binding equivalent of my handwritten signature and that the data on this form is accurate to the best of my knowledge. 28 EX HIBIT—3 CERTIFICATION REGARDING LOBBYING Check the appropriate box: ❑ This Certification Regarding Lobbying is required because the Contract, Grant, Loan, or Cooperative Agreement shall exceed $100,000 pursuant to 2 C.F.R. Part 200, Appendix II(I); 31 U.S.C. § 1352; and 44 C.F.R. Part 18. ® This Certification is not required because the Contract, Grant, Loan, or Cooperative Agreement shall be equal to or less than $100,000. APPENDIX A, 44 C.F.R. PART 18—CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No federal appropriated funds have been paid or shall be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or shall be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all Sub-Recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Sub-Recipient or subcontractor, , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. Ch. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any. Signature of Sub-Recipient/subcontractor's Authorized Official Name and Title of Sub-Recipient/subcontractor's Authorized Official Date ATTACHMENT A Program Budget 29 Below is a general budget which outlines eligible categories and their allocation under this award. The Sub-Recipient is to utilize the "Program Budget" as a guide for completing the "Budget Detail Worksheet" below. The Equipment category shall require Authorized Equipment List (AEL) reference number. The Authorized Equipment List (AEL) is a list of approved equipment types allowed under FEMA's preparedness grant programs. The intended audience of this tool is emergency managers, first responders, and other homeland security professionals. This equipment is limited to select items on the Authorized Equipment List (AEL), as further provided in Attachment B, Section II. Subsection C: A detailed list of the allowable prevention and protection categories and equipment standards for the Emergency Management Performance Grant (EMPG) Program are listed at the following website: http://www.fema.gov/authorized- equipment-list. I he l`mnslbr caiif hinds bellween die c alegoorres Irs9:ed in the "aog am EW��Iget amJ Scope of Work" is peri iffed ow�no r, the &aesfen c�ilf hinds bellween Issues is sirk!Wh pna:,,,l'ubhed Planning Expenditures Full Time Senior Planner Position: 1 $68,386.00 Organizational Expenditures Exercise Expenditures Training Expenditures Equipment Expenditures Management and Administration (up to 5%) 30 BUDGET DETAIL WORKSHEET The Sub-Recipient is required to provide a completed budget detail worksheet, to the Division, which accounts for the total award as described in the "Proposed Program Budget". If any changes need to be made to the "Budget Detail Worksheet", after the execution of this agreement, contact the Grant Manager listed in this agreement via email or letter. Provide the "AEL item number" and "Title" in the necessary columns below. A'116uuble`"Planning Cuntifr ' lJnit Oo# Total Co# Pr6ct Development and enhancement of security plans and protocols Development or further strengthening of security assessments Emergency contingency plans Evacuation/Shelter-in-place plans Coordination and information sharing with fusion centers Other project planning activities with prior approval from DHS/FEMA .............. ,, Total Pfan`n ng xperrdll u'res Allowable Organizational Costs:Eligible Organizational expenses are for Salaries and Fringe Benefits, Utilities (electric,water and quantity Unit Cost. Total Cost Project sewage), Supplies/Materials, Service/Maintenance agreements, Memberships,;Publications, Postage, and Storage. Salary and fringe benefits Sr. EM Planner 1 $68,386 $68,386 Total Organizational Expenditures $ 68,386.00� Exercise Planning Workshop - Grant funds may be used to conduct exercises to include costs related to planning, meeting space and other meeting costs, facilitation costs, materials and supplies, and documentation. % 000 J 6 31 Allowable training-related costs includes Salaries and Fringe Benefits, Develop, Deliver Training, Workshops and Conferences, Certification/Recertification of Instructors, supplies, and Overtime and Backfill (1 III,flpniii2,in t Catii2!goiru2!s�� IimJiu&2, o iin III y thosii2, s1i211i2!ct1i2!d 41i2ins I I Mii2!d iii iindiii2!,iir!3,ii2!,i�tio iin HI C' o f M1s giiraiint agir1i2!1i2in1i2!int. Allowable Equipment Costs (Purchasing equipment from either of the two categories below). The two allowable prevention and protection Quantity Unit Cost Total Cost Project categories and equipment standards for the EMPG are listed at the following website httn.,//www.fema.Aov/authorized-equ'ipment-list. Physical Security Enhancement Equipment(14- XX) Inspection and Screening Systems (15-XX) Notification and Warning Systems Radios and Public Address Systems Encryption Software and Remote Authentication Generators Installations and Service Contracts Total Equipment Expenditures 32 Hiring of full-time or part-time staff or contractors/consultants: • To assist with the management of the EMPG • To assist with design for, requirements and implementation of the EMPG *Time& Effort documentation shall be required for hired staff. *Contract between the organization and contractor/consultant shall be required for reimbursement. Meeting related expenses directly related to management and administration of the EMPG TOTAL EMPG AWARD EXPENDITURES $ $68,386 [Remainder of page intentionally left blank] 33 FY 2023—2024 EMPG AGREEMENT ATTACHMENT B—SCOPE OF WORK L GENERAL POLICY The EMPG Program contributes to the implementation of the National Preparedness System by supporting the building, sustainment, and delivery of core capabilities. Core capabilities are essential for the execution of critical tasks for each of the five mission areas outlined in the National Preparedness Goal. Based on Florida's FY2022 Threat and Hazards and Risk Assessment (THIRA), Stakeholders Preparedness Review (SPR) and other relevant sources, the FEMA Administrator and Executive Director identified the below core capabilities as priorities to address gaps across the State: • Planning • Public Iinformation and Warning • Operational Coordination • Economic Recovery • Cybersecurity The EMPG Program's allowable costs support efforts to build and sustain core capabilities across the Prevention, Protection, Mitigation, Response, and Recovery mission areas described in the Goal Grant funds under this program may be charged to one of the below listed activities: • Planning • Organization • Equipment • Training • Exercise • Management and Administration IL TASK(S)AND DELIVERABLE(S): The Subrecipient must successfully complete the following tasks and deliverables throughout the period of performance. .......: ......: ........ ........: ........: ........ ........: ........: ........ ........: ........: ........ ........: ........: ........ ......... TASK 1: GRANT REQUIREMENTS A. QUARTERLY MATCH The FY 2023 EMPG Program has a match requirement. Federal funds provided under the EMPG agreement shall be matched by the Subrecipient dollar-for-dollar totaling the award amount. The subrecipient contribution can be cash(hard match)or third-party in-kind (soft match). DHS/FEMA administers cost-matching requirements in accordance with 2 C.F.R. § 200.306. Emergency Management and Preparedness Assistance(EMPA)grant funds may be used by the Sub-Recipient as match for EMPG funding. To demonstrate successful completion of task IA for Quarters 1-4,the Subrecipient must submit the following items in the Division of Emergency Management Enterprise System(DEMES). DELIVERABLES • Provide Quarterly Match to identify the non-federal match amount. • If using EMPA as match,no additional supporting documentation is required. • Supporting documentation is required if the federal obligation exceeds the EMPA award amount or you are using other non-Federal funds(such as local general revenue)to satisfy the match requirement. 34 Reporting Requirements. Quarter 1 Quarter 2 Quarter 3 Quarter 4 Deliverables Due Deliverables Due Deliverables Due Deliverables Due Supporting Documentation: For non-EMPA funds used as match, the following documents are required to satisfy the deliverable: invoices, receipts, paystubs, earning statements, credit card or bank statements for proof of payment at least equal to the amount of reimbursement requested for each quarter. ........ ........ ........ ........ ........ ......... TASK 2: IMPLEMENTATION OF THE NATIONAL PREPAREDNESS SYSTEM A. NATIONAL INCIDENT MANAGEMENT SYSTEM(NIMS)IMPLEMENTATION EMPG Program Subrecipients are required to implement NIMS. NIMS provides a common approach to state and local response that enables responders at all levels to work together more effectively to manage domestic incidents through a core set of guidelines, standards, and protocols for command,control and communications in emergency situations. All Subrecipients must certify that they have achieved or are working towards achieving NIMS implementation objectives. All Subrecipients must complete and submit the NIMS Data Collection Worksheet_Local annually. To demonstrate successful completion of task 2A for Quarter 1,the Sub-Recipient must submit the following item in DEMES: DELIVERABLES • The Sub-Recipient shall complete the annual NIMS Data Collection Worksheet _Local, provided by the Preparedness Bureau during the month of September and uploaded into DEMES not later than December 1,2023. Reporting Requirements: Quarter 1 Quarter 2 Quarter 3 Quarter 4 Deliverables Due N/A N/A N/A' Supporting Documentation: The NIMS Data Collection Worksheet Local. B. OPERATIONAL COORDINATION The EMPG grant program supports the building or sustainment of core capabilities across the five mission areas that are necessary to prepare for incidents that pose the greatest risk to the State of Florida. Effective operational coordination results from the establishment and maintenance of a unified and coordinated operational structure and process that appropriately integrates all critical stakeholders and supports the execution of core capabilities. Subrecipients must engage with whole community stakeholders, on a quarterly basis; either by participating in regional meetings of existing multi-agency organizations(i.e.,Regional Domestic Security Task Forces,Local Emergency Planning Committees,Regional Health Care Coalitions,Local Voluntary/Community Organizations Active in Disaster)or by hosting/conducting meetings with whole community stakeholders. To demonstrate successful completion of task 2B for Quarters 1-4,the Sub-Recipient must submit the following items in DEMES: 35 DELIVERABLES • Provide proof of participation by the Subrecipient in quarterly meetings with whole community stakeholders(i.e., fire,law enforcement, health and health care coalitions,public works,public and private sector, and Volunteer Organizations). Reporting Requirements Quarter 1 Quarter 2 Quarter 3 Quarter 4 Deliverables Due Deliverables Due Deliverables Due Deliverables Due Supporting Documentation: Provide proof of participation in quarterly meetings with whole community stakeholders to include sign-in sheets and agendas, if applicable. Meetings hosted by subrecipient must include meeting minutes. C. PUBLIC INFORMATION AND WARNING The Integrated Public Alert & Warning System (IPAWS) is FEMA's national system for local alerting that provides authenticated emergency and life-saving information to the public through mobile phones using Wireless Emergency Alerts,to radio and television via the Emergency Alert System, and on the National Oceanic and Atmospheric Administration's Weather Radio. The Subrecipient must provide proof of current executed IPAWS Memorandum of Agreement(MOA),applicable only if IPAWS have expired. To demonstrate successful completion of task 2C for Quarter 4,the Subrecipient must submit the following items in DEMES: DELIVERABLES • The Subrecipient shall upload their updated FEMA IPAWS County executed MOA signed form no later than August 30, 2024. Reporting Requirements Quarter 1 Quarter 2 Quarter 3 Quarter 4 N/A N/A NA Deliverables Due Supporting Documentation: Submission of executed IPAWS County MOA for the county.. TASK 3: TRAINING AND EXERCISE A. INTEGRATED PREPAREDNESS PLAN(IPP) Subrecipients are required to engage senior leaders and other whole community stakeholders to identify preparedness priorities specific to training and exercise needs,which will guide development of the county's multi-year IPP. The IPP should identify a combination of planning,training and exercise activities that address preparedness priorities and capability gaps based on planning efforts,hazard and risk assessments, and exercise/incident after-action reviews(AARs). 36 The State of Florida uses Regional Integrated Preparedness Plan Workshop (tPPW)process to synchronize local tPP's into a statewide tPP. Subrecipients shall have a representative participate in their Regional tPPW, and EMPG funded personnel are encouraged to attend. To demonstrate successful completion of task 3A for Quarter 2,the Subrecipient must submit the following items in DENIES. DELIVERABLES • Submit the County 2025-2027 IPP Data Sheets by January 12,2024,in DEMES • Proof of participation by a representative of the Subrecipient in the appropriate Regional tPP Workshop (tPPW)to be provided by the Division's Training and Exercise Unit. Reporting Requirements: Quarter 1 Quarter 2 Quarter 3 Quarter 4 NA Deliverables Due NA NA Supporting Documentation: Submission of tPP Data Sheets Only in DENIES not later than January 12, 2024. Proof of Participation by Subrecipient at the appropriate Regional tPP Workshop(IPPW). B. TRAINING All EMPG funded personnel must complete either the NIMS Independent Study courses and the Professional Development Series, or the FEMA National Emergency Management Basic Academy delivered either by EMI or at a sponsored state,local or other designated location. • NIMS Training,Independent Study (IS)-100(any version),IS-200(any version),IS-700 (any version), and IS- 800 (any version)4, and, and • Professional Development Series(PDS)or the Emergency Management Professionals Program(EMPP)Basic Academy courses listed in the chart below. IS-120.a: An Introduction to Exercises IS-100 (any version): Introduction to the Incident Command System IS-230.d: Fundamentals of IS-700 (any version): National Incident Emergency Management Management System (NIMS)-An IS-235.b: Emergency Planning IS-800 (any version): National Response Framework An IS-240.b: Leadership and Influence IS-230.d: Fundamentals of Emergency Management IS-241.b: Decision Making E/L101: Foundations of and Problem Solving Emergency Management IS-242.b: Effective Communication E/L102: Science of Disasters IS-244.b: Developing and E/L103: Planning Emergency Operations Managing Volunteers IS-244.b: Developing and E/L104: Exercise Design Managing Volunteers IS-244.b: Developing and E/L105: Public Information& Warning Manauina Volunteers To demonstrate successful completion of task 3B for Quarters 1-4,the Subrecipient must submit the following items to DENIES: 37 DELIVERABLES • Staffing Detail for all EMPG funded personnel. • Training verifications for EMPG funded personnel will be provided by the FDEM Training and Exercise(T&E) Unit to the FDEM Grant Management Staff. Reporting Requirements Quarter 1 Quarter 2 Quarter 3 Quarter 4 Deliverables Due Deliverables Due Deliverables Due Deliverables Due NOTE:Additional course completion documentation is required only if new personnel are listed on the Staffing Detail. C. VALIDATING CAPABILITIES THROUGH EXERCISE Exercises play a vital role in preparedness by testing capabilities, familiarizing emergency management personnel with role and responsibilities, fostering meaningful interaction and communicating across organizations. Exercises bring together and strengthen the whole community in its efforts to prevent, protect against, mitigate, respond to, and recover from all hazards. To demonstrate successful completion of task 3 C for Quarter 2-4. All EMPG funded personnel must participate in a minimum of three (3)exercises during the agreement period. Submit the following item in DENIES: DELIVERABLES • Subrecipient must provide sign-in sheets for exercise in which EMPG funded personnel participated. • If a local jurisdiction has experienced a major disaster and they would like to request exemptions for a scheduled exercise,the recipient should send this request to its assigned Grants Manager utilizing the quarterly report. Exemptions will be reviewed/approved by the State on a case-by-case basis. Reporting Requirements Quarter 1 Quarter 2 Quarter 3 Quarter 4 Deliverables Due Deliverables Due Deliverables Due Deliverable (Not required if Accepted completed in Q 1-3) Supporting Documentation: Submission of sign-in sheets for exercises in which EMPG funded personnel participated. ATTACHMENT C ALLOWABLE COST AND ELIGIBLE ACTIVITY 38 Sub-Recipients shall comply with all the requirements in 2 C.F.R. Part 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards). Funding is provided to perform eligible activities as identified in the FY 2023 Emergency Management Performance Grant (EMPG) Program Notice of Funding Opportunity (NOFO), consistent with the Department of Homeland Security (DHS) State Strategy. Eligible activities are outlined in the Allowable Cost and Eligible Activity for each category below: I. Categories and Eligible Activities FY 2023 EMPG allowable costs are divided into the following categories: Planning, Organization, Equipment, Training, Exercise, and Management and Administration in this Agreement. Each category's allowable costs have been listed in the "Budget Detail Worksheet" above. A. Allowable Planning Related Costs Funding may be used for security or emergency planning expenses and the materials required to conduct planning activities. Planning shall be related to the protection of the facility and the people within the facility and should include with access and functional needs as well as those with limited English proficiency. Examples of planning activities allowable under this program include: • Development and enhancement of security plans and protocols; • Development or further strengthening of security assessments; • Emergency contingency plans; • Evacuation/Shelter-in-place plans; • Coordination and information sharing with fusion centers, and • Other project planning activities with prior approval from DHS/FEMA. Planning Costs Supporting Documentation: • Copies of completed plan, contracts, Memorandum of Understanding or agreements with consultants or sub-contractors providing services and documenting hours worked and proof employee was paid (paystubs, earning statements, payroll expenditure reports). • Copies of invoices, receipts and cancelled checks, or credit card statements, or bank statements for proof of payment. B. Allowable Organization Related Costs EMPG Program funds may be used for all-hazards emergency management operations, staffing, and other day- to-day activities in support of emergency management. Personnel costs, including salary, overtime and backfill, compensatory time off, and associated fringe benefits are allowable costs with EMPG Program funds. These costs must comply with 2 C.F.R. Part 200, Subpart E —Cost Principles. Eligible "Organization Cost" items include, but are not limited to: • Salaries and Fringe Benefits • Copies of certified timesheets with employee and supervisor signature documenting hours worked or Division Form 6 -Time and Effort and proof employee was paid (paystubs, earning statements, and payroll expenditure reports). • Position descriptions for funded EMPG personnel and any position being used as match; • Utilities (electric, water and sewage) • Service/Maintenance agreements (provide vendor debarment and service agreement for contractual services) • Office Supplies/Materials • IT Software Upgrades • Memberships • Publications • Postage • Storage 39 • Other Personnel/Contractual Services • Reimbursement for services by a person(s) who is not a regular or full-time employee filling established positions. This includes but is not limited to temporary employees, student or graduate assistants, fellowships, part time academic employment, board members, consultants, and other services. • Consultant Services require a pre-approved Contract or purchase order by the Division. Copies of additional quotes should also be supplied when requesting pre-approval. These requests should be sent to the grant manager for the Division for review. • Maintenance and Enhancement • Major repairs to the County Emergency Operations Center(Need prior EHP approval) • Central Heat/Air(Need prior EHP approval) • Out buildings for storage of Emergency Management Equipment (Need prior EHP approval) • Security Improvements (i.e. Cameras and equipment to operate) • Generators and Installation (Need prior EHP approval) Organization Costs Supporting Documentation If the recipient seeks reimbursement for operational activities,then the following shall be submitted: • For salaries, provide copies of certified timesheets with employee and supervisor signature documenting hours worked or Division Form 6 -Time and Effort and proof employee was paid (paystubs, earning statements, payroll expenditure reports). • Expense items need to have copies of invoices, receipts and cancelled checks, or credit card statements, or bank statements for proof of payment. All documentation for reimbursement amounts must be clearly visible and defined (i.e., highlighted, underlined, circled on the required supporting documentation). C. Allowable Equipment Related Costs Allowable equipment categories for the EMPG Program are listed on the web-based version of the Authorized Equipment List (AEL) at https://www.fema.gov/authorized-equipment-list. Unless otherwise stated, equipment must meet all mandatory regulatory and/or FEMA-adopted standards to be eligible for purchase using these funds. In addition, agencies will be responsible for obtaining and maintaining all necessary certifications and licenses for the requested equipment. Allowable equipment includes equipment from the following AEL categories: • Personal Protective Equipment(PPE) (Category 1) • Information Technology (Category 4) • Cybersecurity Enhancement Equipment(Category 5) • Interoperable Communications Equipment(Category 6) • Detection Equipment(Category 7) • Power Equipment(Category 10) • Chemical, Biological, Radiological, Nuclear, and Explosive (CBRNE) Reference Materials (Category 11) • CBRNE Incident Response Vehicles (Category 12) • Physical Security Enhancement Equipment(Category 14) • CBRNE Logistical Support Equipment (Category 19) • Other Authorized Equipment (Category 21) In addition to the above, general-purpose vehicles can be procured in order to carry out the responsibilities of the EMPG Program. If Sub-Recipients have questions concerning the eligibility of equipment not specifically addressed in the AEL, they should contact their Grant Manager for clarification. Sub-Recipients should analyze the cost benefits of purchasing versus leasing equipment, especially high cost items and those subject to rapid technical advances. Large equipment purchases must be identified and explained. For more information regarding property management standards for equipment, please reference 2 C.F.R. Part 200, including 2 C.F.R. §§ 200.310, 200.313, and 200.316. 40 Requirements for Small Unmanned Aircraft System All requests to purchase Small Unmanned Aircraft System (SUAS) must comply with Information Bulletin (IB) 426 and must include the policies and procedures in place to safeguard individuals' privacy, civil rights, and civil liberties in the jurisdiction that will purchase, take title to, or otherwise use the SUAS equipment. Funding for Critical Emergency Supplies Critical emergency supplies—such as shelf stable products, water, and basic medical supplies—are an allowable expense under EMPG. DHS/FEMA must approve a state's five-year viable inventory management plan prior to allocating grant funds for stockpiling purposes. The five-year plan should include a distribution strategy and related sustainment costs if the grant expenditure is over$100,000. Equipment Acquisition Costs Supporting Documentation • Provide copies of invoices, receipts and cancelled checks, credit card statements, bank statements for proof of payment. • Provide the Authorized Equipment List (AEL) #for each equipment purchase. Unauthorized Equipment- Related Costs • Unallowable Equipment: Grant funds must comply with IB 426 and may not be used for the purchase of the following equipment: firearms, ammunition, grenade launchers, bayonets, or weaponized aircraft, vessels, or vehicles of any kind with weapons installed. • Expenditures for weapons systems and ammunition. • Costs associated with hiring, equipping, training, etc. sworn public safety officers whose primary job responsibilities include fulfilling traditional public safety duties such as law enforcement, firefighting, emergency medical services, or other first responder duties. • Costs that supplant traditional public safety positions and responsibilities. • Activities and projects unrelated to the completion and implementation of the EMPG Program. • Clothing used for everyday wear by emergency management employees or other personnel. As defined in section 200.310 Insurance Coverage: The non-federal entity must, at a minimum, provide the equivalent insurance coverage for real property and equipment acquired or improved with Federal funds as provided to property owned by the non-federal entity. Federally-owned property need not be insured unless required by the terms and conditions of the Federal award. D. Allowable Training Related Costs EMPG Training funds may be used for a range of emergency management-related training activities to enhance the capabilities of local emergency management personnel through the establishment, support, conduct, and attendance of training. Training activities should align to a current IPP developed through an annual Integrated Preparedness Program Workshop (IPPW). Training should foster the development of a community-oriented approach to emergency management that emphasizes engagement at the community level, strengthens best practices, and provides a path toward building sustainable resilience. All EMPG-funded personnel are expected to be trained emergency managers. In addition to training activities aligned to and addressed in the IPP, all EMPG -funded personnel (including full-and part-time state, local, tribal, and territorial (SLTT) recipients and Sub-Recipients) shall complete the following training requirements and record proof of completion: (1) NIMS Training, Independent Study (IS)-100 (any version), IS-200 (any version), IS-700 (any version), and IS- 800 (any version) AND; (2) Professional Development Series (PDS) OR the Emergency Management Professionals Program (EMPP) Basic Academy listed in the chart below. Professional Development Series or Basic Academy 41 PDS Basic Academy Professional Development Series Basic Aca&m'y Pre-requisites and Courses IS-120.a An Introduction to Exercises IS-100 (any version) Introduction to the Incident Command System IS-230.d Fundamentals of Emergency IS-700 (any version) National Incident Management Management System (NIMS)-An Introduction IS-235.b Emergency Planning IS-800 (any version) National Response Framework, An Introduction IS-240.b Leadership and Influence ©R IS-230.d Fundamentals of Emergency Management IS-241.b Decision Making and E/L101 Foundations of Emergency Problem Solving Management IS-242.b Effective Communication E/L102 Science of Disasters E/1_103 Planning Emergency Operations IS-244.b Developing and Managing Volunteers L-146 HEEP E/L105 Public Information &Warning Additional types of training or training related activities include, but are not limited to,the following: • Developing/enhancing systems to monitor training programs • Conducting all hazards emergency management training • Attending Emergency Management Institute (EMI)training or delivering EMI train-the-trainer courses • Attending other FEMA-approved emergency management training • State-approved, locally sponsored CERT training • Mass evacuation training at local, state, and tribal levels For training, the number of participants must be a minimum of 15 in order to justify the cost of holding a course. For questions regarding adequate number of participants, please contact the Division State Training Officer for course specific guidance. Unless the recipient receives advance written approval from the State Training Officer for the number of participants, then the Division must reduce the amount authorized for reimbursement on a pro- rata basis for any training with less than 15 participants. When conducting an training that shall include meals for the attendees,the recipient shall submit a request for approval to the Division no later than 25 days prior to the event to allow for both the Division and the Department of Financial Services to review. The request for meals must be submitted on letterhead and must include the date of exercise, agenda, number of attendees, and costs of meals. Allowable training-related costs include the following: • Develop, Deliver, and Evaluate Training. This includes costs related to administering the training: planning, scheduling, facilities, materials and supplies, reproduction of materials, and equipment. Training should provide the opportunity to demonstrate and validate skills learned, as well as to identify any gaps in these skills. Any training or training gaps, including those for children and individuals with disabilities or access and functional needs, should be identified in the Integrated Preparedness Program (IPP) and addressed in the training cycle. States are encouraged to use existing training rather than developing new courses. When developing new courses states are encouraged to apply the Analyze, Design, Develop, Implement and Evaluate (ADDIE) model for instruction design. • Overtime and Backfill. The entire amount of overtime costs, including payments related to backfilling personnel, which are the direct result of attendance at FEMA and/or approved training courses and programs are allowable. These costs are allowed only to the extent the payment for such services is in accordance with the policies of the state or unit(s) of local government and has the approval of the state 42 or FEMA, whichever is applicable. In no case is dual compensation allowable. That is, an employee of a unit of government may not receive compensation from their unit or agency of government AND from an award for a single period of time (e.g., 1:00 p.m. to 5:00 p.m.), even though such work may benefit both activities. • Travel. Travel costs (e.g., airfare, mileage, per diem, and hotel) are allowable as expenses by employees who are on travel status for official business related to approved training. • Hiring of Full or Part-Time Staff or Contractors/Consultants. Full or part-time staff or contractors/consultants may be hired to support direct training-related activities. Payment of salaries and fringe benefits must be in accordance with the policies of the state or unit(s) of local government and have the approval of the state or FEMA, whichever is applicable. • Certification/Recertification of Instructors. Costs associated with the certification and re- certification of instructors are allowed. States are encouraged to follow the FEMA Instructor Quality Assurance Program to ensure a minimum level of competency and corresponding levels of evaluation of student learning. This is particularly important for those courses which involve training of trainers. Conferences The Division recognizes the important role that conferences can play in the professional development of emergency managers. 2 C.F.R. §200.432 defines the term conference as "a meeting, retreat, seminar, symposium, workshop or event whose primary purpose is the dissemination of technical information beyond the non-Federal entity and is necessary and reasonable for successful performance under the Federal award." Rule 69I-42.002(3), Florida Administrative Code, defines the term conference as: The coming together of persons with a common interest or interests for the purpose of deliberation, interchange of views, or for the removal of differences or disputes and for discussion of their common problems and interests. The term also includes similar meetings such as seminars and workshops which are large formal group meetings that are programmed and supervised to accomplish intensive research, study, discussion, and work in some specific field or on a governmental problem or problems.A conference does not mean the coming together of agency or interagency personnel. For travel to a conference or convention to qualify for reimbursement, the cost must be reasonable and attendance at the conference must be necessary for the successful completion of a task required by this Agreement. Provided the cost qualifies as reasonable and necessary for the successful completion of a task required by this Agreement, travel to a conference that complies with the requirements of Rule 69I-42.004, Florida Administrative Code, satisfies the minimum level of service for conference travel under this Agreement. In pertinent part, Rule 69I-42.004(1), Florida Administrative Code, states "No public funds shall be expended for attendance at conferences or conventions unless: • The main purpose of the conference or convention is in connection with the official business of the state and directly related to the performance of the statutory duties and responsibilities of the agency participating; • The activity provides a direct educational or other benefit supporting the work and public purpose of the person attending; • The duties and responsibilities of the traveler attending such meetings are compatible with the objectives of the conference or convention; and • The request for payment of travel expenses is otherwise in compliance with these rules. Provided the cost qualifies as reasonable and necessary for the successful completion of a task required by this Agreement, and provided any related travel complies with the requirements of Rule 69I-42.004, Florida Administrative Code, conferences may qualify for reimbursement under this Agreement: 43 Requests for reimbursement for payment of the registration fee or for a conference or convention must include: • A statement explaining how the expense directly relates to the Recipient's successful performance of a task outlined in this Agreement; • A copy of those pages of the agenda that itemizes the registration fee; • A copy of local travel policy; and, • A copy of the travel voucher or a statement that no travel costs were incurred, if applicable. When a meal is included in a registration fee, the meal allowance must be deducted from the reimbursement claim, even if the traveler decides for personal reasons not to eat the meal. See section 112.061(6)(c), Florida Statutes ("No one, whether traveling out of or in state, shall be reimbursed for any meal or lodging included in a convention or conference registration fee paid by the state"). A continental breakfast is considered a meal and must be deducted if included in a registration fee for a convention or conference. However, in the case where a meal is provided by a hotel or airline, the traveler shall be allowed to claim the meal allowance provided by law. Class A, Class B, and Class C Travel: • Class A travel is continuous travel of 24 hours or more away from official headquarters. The travel day for Class A is based on a calendar day (midnight to midnight). • Class B travel is continuous travel of less than 24 hours which involves overnight absence away from official headquarters. The travel day for Class B travel begins at the same time as the travel period. • Class C travel is short or day trips in which the traveler is not away from his/her official headquarters overnight. Class C allowances are currently not authorized for reimbursement. • Meal Allowance and Per Diem: Section 112.061(6)(b) Florida Statutes,establishes the meal allowance for each meal during a travel period as follows: $6 for breakfast(when travel begins before 6 a.m. and extends beyond 8 a.m.); $11 for lunch (when travel begins before 12 noon and extends beyond 2 p.m.); $19 for dinner (When travel begins before 6 p.m. and extends beyond 8 p.m. or when travel occurs during nighttime hours due to special assignment.). Section 112.061(a), Florida Statutes, establishes the per diem amounts. All travelers are allowed: The authorized per diem for each day of travel; or, If actual expenses exceed the allowable per diem, the amount allowed for meals as provided in s. 112.061(6) (b), F.S., plus actual expenses for lodging at a single occupancy rate. Per diem shall be calculated using four six-hour periods (quarters) beginning at midnight for Class A or when travel begins for Class B travel. Travelers may only switch from actual to per diem while on Class A travel on a midnight to midnight basis. A traveler on Class A or B travel who elects to be reimbursed on a per diem basis is allowed $20.00 for each quarter from the time of departure until the time of return. Reimbursement for Meal Allowances That Exceed the State Rates The Division shall not reimburse for any meal allowance that exceeds $6 for breakfast, $11 for lunch, or $19 for dinner unless: • For counties—the requirements of section 112.061(14), Florida Statutes, are satisfied; • The costs do not exceed charges normally allowed by the Recipient in its regular operations as the result of the Recipient's written travel policy (in other words, the reimbursement rates apply 44 uniformly to all travel by the Recipient); and, • The costs do not exceed the reimbursement rates established by the United States General Services Administration ("GSA")for that locale (see https://www.cisa.ciov/portal/content/l04877). Hotel Accommodations • A traveler may not claim per diem or lodging reimbursement for overnight travel within 50 miles (one-way) of his or her headquarters or residence unless the circumstances necessitating the overnight stay are fully explained by the traveler and approved by the Division. • Absent prior approval from the Division, the cost of any hotel accommodation shall not exceed $225 per night. Training Costs Supporting Documentation • Copies of contracts or agreements with consultants providing services; • Copies of invoices, receipts and cancelled checks, credit card statements and bank statements for proof of payment. • Copies of the agenda, certificates and/or sign in sheets (if using prepopulated sign in sheets they must be certified by the Emergency Management Director or Lead Instructor verifying attendance). For travel and conferences related to EMPG activities: • Copies of all receipts must be submitted (i.e., airfare, proof of mileage,toll receipts, hotel receipts, car rental receipts, etc.) Receipts must be itemized and match the dates of travel/conference; • Copies of Conferences must be providing an agenda. Proof of payment is also required for all travel and conferences. If the Sub-Recipient seeks reimbursement for travel costs that exceed the amounts stated in section 112.061(6)(b), Florida Statutes ($6 for breakfast, $11 for lunch, and $19 for dinner), then the Sub-Recipient must provide documentation that: The costs are reasonable and do not exceed charges normally allowed by the Sub-Recipient in its regular operations as a result of the Sub-Recipient 's written travel policy; and participation of the individual in the travel is necessary to the Federal award. Certain trainings may trigger Environmental Planning and Historic Preservation (EHP) requirements. Please reference the EHP sections in the NOFO and this Agreement for more information. E. Allowable Exercise Related Costs Exercises conducted with grant funds should test and evaluate performance towards meeting capability targets established in a jurisdiction's THIRA for the core capabilities needed to address its greatest risks. Exercise priorities should align to a current Integrated Preparedness Program (IPP) developed through an annual Integrated Preparedness Program Workshop (IPPW). Allowable Exercise-Related Costs • Design, Develop, Conduct and Evaluate an Exercise.This includes costs related to planning, meeting space and other meeting costs, facilitation costs, materials and supplies, travel, and documentation. Sub-Recipients are encouraged to use free public space/locations/facilities, whenever available, prior to the rental of space/locations/facilities. Exercises should provide the opportunity to demonstrate and validate skills learned, as well as to identify any gaps in these skills. Gaps identified during an exercise including those for children and individuals with disabilities or access and functional needs, should be identified in the AAR/IP and addressed in the exercise cycle. • Hiring of Full or Part-Time Staff or Contractors/Consultants. Full or part—time staff may be hired to support direct exercise activities. Payment of salaries and fringe benefits must be in accordance with the policies of the state or unit(s) of local government and have the approval of the state or FEMA,whichever is applicable. The services of contractors/consultants may also be procured to support the design, development, conduct and evaluation of exercises. • Overtime and Backfill. The entire amount of overtime costs, including payments related to backfilling personnel, which are the direct result of time spent on the design, development and 45 conduct of exercises are allowable expenses. These costs are allowed only to the extent the payment for such services is in accordance with the policies of the state or unit(s) of local government and has the approval of the state or FEMA, whichever is applicable. In no case is dual compensation allowable. That is, an employee of a unit of government may not receive compensation from their unit or agency of government AND from an award for a single period of time (e.g., 1:00 p.m. to 5:00 p.m.), even though such work may benefit both activities. • Travel. Travel costs (e.g., airfare, mileage, per diem, hotel) are allowable as expenses by employees who are on travel status for official business related to the planning and conduct of the exercise activities. • Supplies. Supplies are items that are expended or consumed during the course of the planning and conduct of the exercise activities (e.g., gloves, non-sterile masks, and disposable protective equipment). • Other Items. These costs are limited to items consumed in direct support of exercise activities such as the rental of space/locations for planning and conducting an exercise, rental of equipment, and the procurement of other essential nondurable goods. Sub-Recipients are encouraged to use free public space/locations, whenever available, prior to the rental of space/locations. Costs associated with inclusive practices and the provision of reasonable accommodations and modifications that facilitate full access for children and adults with disabilities are allowable. When conducting an exercise that shall include meals for the attendees, the Sub-recipient shall submit a request for approval to the Division no later than twenty-five (25) days prior to the event to allow for both the Division and the Department of Financial Services to review. The request for meals must be submitted on letterhead and must include the date of exercise, agenda, number of attendees, and costs of meals. Unauthorized Exercise- Related Costs • Reimbursement for the maintenance and/or wear and tear costs of general use vehicles (e.g., construction vehicles) and emergency response apparatus (e.g., fire trucks, ambulances). The only vehicle costs that are reimbursable are fuel/gasoline or mileage; • Equipment that is purchased for permanent installation and/or use, beyond the scope of exercise conduct (e.g., electronic messaging signs); • Durable and non-durable goods purchased for installation and/or use beyond the scope of exercise conduct. 46 Exercise Costs Supporting Documentation • Copies of contracts, MOUs or agreements with consultants or sub-contractors providing services; • Copies of invoices, receipts and cancelled checks, credit card statements and bank statementsfor proof of payment; • Copies of Exercise Plan (EXPLAN), After-Action Report/Improvement Plan (AAR/IP) and sign in sheets for conducted exercises (if using prepopulated sign in sheets they must be certified by theEmergency Management Director or Lead Exercise Planner verifying attendance). Certain exercises may trigger Environmental Planning and Historic Preservation (EHP) requirements. Please reference the EHP sections in the NOFO and this Agreement for more information. F. Management and Administration No more than 5% of each Sub-Recipient's total award shall be expended on Management and Administration costs. • Hiring of full-time or part-time staff or contractors/consultants responsible for activities relating to the management and administration of EMPG funds. Hiring of contractors/consultants shall follow applicable federal procurement requirements at 2 C.F.R. §§200.318-200.327. • Meeting-related expenses directly related to M&A of EMPG funds. G. Maintenance and Sustainment The use of DHS/FEMA preparedness grant funds for maintenance contracts,warranties, repair or replacement costs, upgrades, and user fees are allowable, as described in DHS/FEMA Policy FP 205-402-125-1 (Additional guidance is provided in DHS/FEMA Policy FP 205-402-125-1, Maintenance Contracts and Warranty Coverage Funded by Preparedness Grants, located at: http://www.fema.gov/medialibrary/assets/documents/32474, under all active and future grant awards, unless otherwise noted. Preparedness grant funds may be used to purchase maintenance contracts or agreements, warranty coverage, licenses and user fees. These contracts may exceed the period of performance if they are purchased incidental to the original purchase of the system or equipment as long as the original purchase of the system or equipment is consistent with that which is typically provided for, or available through, these types of agreements,warranties, or contracts. When purchasing a stand-alone warranty or extending an existing maintenance contract on an already-owned piece of equipment system, coverage purchased shall not exceed the period of performance of the award used to purchase the maintenance agreement or warranty. As with warranties and maintenance agreements, this extends to licenses and user fees as well. H. Construction and Renovation EMPG funding shall not be used for construction and renovation projects without prior written approval from the Division and DHS/FEMA. In some cases, the installation of equipment may constitute construction and/or renovation. All Sub-Recipients of EMPG funds shall request and receive approval from the Division and DHS/FEMA before any EMPG funds are used for any construction or renovation. I. Indirect Facilities&Administrative (F&A) Costs Indirect costs are allowable under this program as described in 2 C.F.R. Part 200, including 2 C.F.R. §200.414. Sub-Recipients with a current negotiated indirect cost rate agreement that desire to charge indirect costs to an award shall provide a copy of their negotiated indirect cost rate agreement at the time of application. Sub-Recipients that are not 47 required by 2 C.F.R. Part 200 to have a negotiated indirect cost rate agreement but are required by 2 C.F.R. Part 200 to develop an indirect cost rate proposal shall provide a copy of their proposal at the time of application. Post-award requests to charge indirect costs shall be considered on a case-by-case basis and based upon the submission of an agreement or proposal as discussed above. J. Disposition When original or replacement equipment, including excepted and controlled items, acquired under a federal award is no longer needed for the original project or program or for other activities currently or previously supported by a federal awarding agency, except as otherwise provided in federal statutes, regulations, or federal awarding agency disposition instructions, the Sub- Recipient shall request disposition instructions from their Grant Manager and the State Administrative Agency (SAA) shall request disposition instructions from federal awarding agency as required by the terms and conditions of the federal award. Excepted or controlled equipment shall not be transferred and shall remain in the possession of the original FEMA grant recipient. The Sub-Recipient shall notify their Grant Manager via email one (1)year in advance of the expiration of the equipment's posted shelf-life or normal life expectancy or when it has been expended. The Sub-Recipient shall notify their Grant Manager immediately if the equipment is destroyed, lost, or stolen. K. Ensuring the Protection of Civil Rights As the Nation works towards achieving the National Preparedness Goal, it is important to continue to protect the civil rights of individuals. Sub-Recipients shall carry out their programs and activities, including those related to the building, sustainment, and delivery of core capabilities, in a manner that respects and ensures the protection of civil rights for protected populations. Federal civil rights statutes, such as Section 308 of the Stafford Act, Section 504 of the Rehabilitation Act of 1973, and Title VI of the Civil Rights Act of 1964, Age Discrimination Act, along with DHS and FEMA regulations, prohibit discrimination on the basis of race, color, national origin, sex, religion, age, disability, limited English proficiency, or economic status in connection with programs and activities receiving federal financial assistance from FEMA. Monitoring and oversight requirements in connection with Sub-Recipient compliance with federal civil rights laws are also authorized pursuant to 44 C.F.R Part 7. In accordance with civil rights laws and regulations, Sub-Recipients shall ensure the consistent and systematic fair,just, and impartial treatment of all individuals, including individuals who belong to underserved communities that have been denied such treatment. L. SAFECOM Emergency communications systems and equipment shall meet applicable SAFECOM Guidance. Sub-Recipients shall coordinate with the Statewide Interoperability Coordinator (SWIC) and the State Interoperability Governing Body (SIGB)to ensure interoperability and long-term compatibility. M. Procurement The purpose of the procurement process is to ensure a fair and reasonable price is paid for the services provided.All procurement transactions shall be conducted in a manner providing full and open competition and shall comply with the standards articulated in: 0 2 C.F.R. Part 200; 0 Chapter 287, Florida Statues; and, 48 • Sub-Recipient's local procurement policy. To the extent that one standard is more stringent than another, the Sub-Recipient shall follow the more stringent standard. For example, if a state statute imposes a stricter requirement than a federal regulation, then the Sub-Recipient shall adhere to the requirements of the state statute. The State of Florida procurement policy and procedure is as follows: Amount Documentation Required Shall be carried out using good purchasing practices which may include Up to $2,499 certification of written or telephone quotes $2,500 but less Submit summary of 2 (minimum)written quotes, signed by the vendor than 35,000 representative. For vendors not on STC; submit documentation of Invitation to Bid > $35,000 Process (ITB), Request for Proposal (RFP) or Intent to Negotiate (ITN) All Sole Source FDEM pre-approval is required Alternative Commodities or Services available to the State via outside contract Contract Source vehicle. A copy of the executed contract shall be submitted along with additional quotes if GSA 70 or GSA 84. Formal Competitive Solicitations: $35,000 and above and not available on STC include Invitation to Bid (ITB), Request for Proposal (RFP), or Invitation to Negotiate (ITN). Each requires a Scope of Work that meets all statutory requirements and formal posting or publication processes. Subrecipients shall submit their formal solicitation documentation and subsequent vendor selection documentation for approval prior to initiating any work. The Division shall review the solicitation and provide comments, if any, to the Sub-Recipient. Consistent with 2 C.F.R. § 200.325, the Division shall review the solicitation for compliance with the procurement standards outlined in 2 C.F.R. §200.318 through 200.327 as well as Appendix II to 2 C.F.R. Part 200. Consistent with 2 C.F.R. §200.318(k), the Division shall not substitute its judgment for that of the Sub-Recipient. While the Sub-Recipient does not need the approval of the Division in order to publish a competitive solicitation, this review may allow the Division to identify deficiencies in the vendor requirements or in the commodity or service specifications. The Division's review and comments shall not constitute an approval of the solicitation. Regardless of the Division's review,the Sub-Recipient remains bound by all applicable laws, regulations, and agreement terms. If during its review the Division identifies any deficiencies, then the Division shall communicate those deficiencies to the Sub-Recipient as quickly as possible. If the Sub-Recipient publishes a competitive solicitation after receiving comments from the Division that the solicitation is deficient, then the Division may: • Terminate this Agreement in accordance with the provisions outlined in paragraph (17) above; and, • Refuse to reimburse the Sub-Recipient for any costs associated with that solicitation. Examples of when to use each method: Invitation to Bid: Procurement by sealed bidding is a method where bids are publicly solicited through formal advertising. It is when a Sub-Recipient can establish precise specifications for a commodity or service defining, with specificity, as further outlined in the scope of work. 49 Under this procurement method, the solicitation document used is known as the ITB. Sealed bidding is often utilized when the Sub-Recipient's requirements are known and specific in detail. The sealed bid method is the preferred method for procuring construction services and is appropriate when the following conditions are present: • Complete, adequate, and realistic specifications or purchase descriptions are available; • Two or more responsible bidders are willing and able to compete effectively for the business; The Sub-Recipient primarily selects the successful bidder based on price. This includes the price- related factors included within the solicitation. Other than the responsibility determination, the Sub-Recipient shall not select a contractor on the basis of non-price-related factors. Sub-Recipients shall publicly advertise the ITB. The precise manner of advertising depends upon the facts and circumstances of the procurement, subject to any applicable state, local, and/or tribal requirements. Sub-Recipients shall solicit bids from an adequate number of known suppliers. The regulation does not provide specific guidance regarding the method for soliciting additional bids or what constitutes an adequate number of qualified sources. These determinations shall be dependent upon the facts and circumstances of the procurement, subject to any relevant state, local, and/or federal requirements. The general requirements for an ITB are as follows: • The ITB shall define the items or services including any specifications and pertinent attachments so potential bidders can properly respond. • The subrecipient shall provide potential bidders sufficient time to prepare and submit bids prior to the date set for bid opening. • All bids shall be opened at the date, time, and location established in the ITB. • After the official bid opening procedures are completed, the subrecipient shall award a contract to the lowest price bid provided by a responsive and responsible bidder. If specified in the bidding documents,the subrecipient may consider discounts, transportation costs, and life cycle costs to determine which bid is the lowest. If using the Sealed Bidding method of procurement, the subrecipient shall document the procurement history. Examples of circumstances under which a subrecipient may reject an individual bid include but are not limited to: • The bid fails to conform to the essential requirements or applicable specifications as outlined in the ITB; • The bid fails to conform to the delivery schedule as outlined in the ITB; • The bid imposes conditions that would modify the requirements as outlined in the ITB; • The Sub-Recipient determines that the bid price is unreasonable; • The bid is submitted by a suspended or debarred vendor; and/or • A bidder fails to furnish a bid guarantee when such a guarantee is required. The contract should then be awarded to the responsible and responsive vendor who submits the lowest responsive bid. The Subrecipient shall also provide a justification letter to the Division supporting their selection. Request for Proposal: Under this procurement method, the solicitation document used is also known as the RFP. Proposals are an acceptable method of procurement when the nature of the 50 procurement does not lend itself to sealed bidding and when a cost-reimbursement contract is appropriate. Through this process, vendors can compete on a cost basis for like items or services. The request for proposals method of procurement is an acceptable method of procurement, where non-state entities cannot base the contract award exclusively on price or price-related factors due to the nature of the service or property to be acquired. Simply put, the Sub-Recipient can describe what it wants to accomplish but the methods or means to accomplish the desired outcome cannot be easily defined. An RFP is appropriate when the following conditions are present: • The Sub-Recipient cannot base the contract award exclusively on price or price- related factors due to the nature or the service or property to be acquired; • The requirements are less definitive, more development work is required, or there is a greater risk of performance; • Technical capability, past performance, and prior experience considerations play a dominant role in source selection; and/or • Separate discussions with individual offerors are expected to be necessary after they have submitted proposals. This is a key distinction from the sealed bidding method of procurement where discussions with individual bidders are prohibited and the contract shall be awarded based on price and price-related factors alone. The Sub-Recipient shall publicize their RFP. The manner of the advertising depends upon the facts and circumstances of the procurement, subject to state, local, and/or tribal requirements. Within the advertisement, the Sub-Recipient shall identify all evaluation factors and their relative importance. The following provides several considerations for developing evaluation factors: • The evaluation factors for a specific procurement should reflect the subject matter and elements that are most important to the Sub-Recipient. • The evaluation factors may include such things as technical design, technical approach, length of delivery schedules, past performance, and quality of proposed personnel. • The Sub-Recipient may use any one or a combination of source selection approaches as permitted understate, local, and/or tribal laws, regulations, and procedures, and these approaches will often differ based on the relative importance of price or cost for the procurement. • If permitted by the Sub-Recipient, written procurement procedures, and applicable state, local, and/or tribal law, the Sub-Recipient may award a contract to the offeror whose proposal offers the "best value"to the Sub-Recipient. The solicitation shall also inform potential offerors that the award shall be made on a "best value" basis, which should include a statement that the Sub-Recipient reserves the right to award the contract to other than the lowest-priced offeror. • The RFP shall identify evaluation factors and their relative importance; however, they need not disclose numerical or percentage ratings or weights. • FEMA does not require any specific evaluation factors or analytic process, but the evaluation factors shall support the purposes of the grant or cooperative agreement. The Sub-Recipient shall consider any response to a publicized request for proposals to the maximum extent practical. In addition to publicizing the request for proposals, non-state entities shall solicit proposals from an adequate number of offerors, providing them with sufficient response time before the date set for the receipt of proposals. Determining an adequate number of sources shall depend upon the facts and circumstances of the procurement, subject to relevant state, local, and/or tribal requirements. The Sub-Recipient shall have a written method for conducting their technical evaluations of the proposals received and for selecting offerors. When evaluating proposals, FEMA expects the Sub-Recipient to consider all evaluation factors specified in its solicitation documents and 51 evaluate offers only on the evaluation factors included in the solicitation documents. A Sub- Recipient shall not modify its evaluation factors after proposals have been submitted without re- opening the solicitation. In awarding a contract that will include options, FEMA expects the Sub- Recipient to evaluate proposals for any option quantities or periods contained in the solicitation if it intends to exercise those options after the contract is awarded. The contract shall be awarded to the responsible offeror whose proposal is most advantageous to the program with price and other factors considered. Invitation to Negotiate: If the Sub-Recipient has determined that an ITB or an RFP will not result in the best value, the Sub-Recipient may procure commodities and contractual services using the ITN process. The procurement file shall be documented to support why an ITB and a RFP will not result in best value (287.057(1)(c), Florida Statutes). Contracts that exceed $1 million require a Florida Certified Contract Negotiator. Contracts more than $10 million in any fiscal year, requires a Project Management Professional on the team. Formal competitive solicitation postings or publication on an organization's website shall not be accepted as it discourages true competition. Effective FY2023 such postings shall be via a public forum for example the Florida Administrative Registry, local newspaper, etc. The Division shall pre-approve all scopes of work for projects funded under this agreement. Also, to receive reimbursement from the Division, the Sub-Recipient shall provide the Division with a suspension and debarment form for each vendor that performed work under the agreement. Furthermore, if requested by the Division, the Sub-Recipient shall provide copies of solicitation documents including responses and justification of vendor selection. Contracts may include: State Term Contract: A State Term Contract is a contract that is competitively procured by the Division of State Purchasing for selected products and services for use by agencies and eligible users. Florida agencies and eligible users may use a request for quote to obtain written pricing or services information from a state term contact vendor for commodities or contractual services available on a state term contract from that vendor. Use of state term contracts is mandatory for Florida agencies in accordance with section 287.056, Florida Statutes. Alternate Contract Source: An Alternate Contract Source is a contract let by a federal, state, or local government that has been approved by the Department of Management Services, based on a determination that the contract is cost-effective and in the best interest of the state, for use by one or all Florida agencies for purchases, without the requirement of competitive procurement. Alternate contract sources are authorized by subsection 287.042(16), Florida Statutes, as implemented by Rule 60A-1.045, Florida Administrative Code. General Services Administration Schedules: The General Services Administration (GSA) is an independent agency of the United States Government. States, tribes, and local governments, and any instrumentality thereof(such as local education agencies or institutions of higher education) may participate in the GSA Cooperative Purchasing Program.). Refer to the appropriate GSA Schedule for additional requirements. N. Piggybacking The practice of procurement by one agency using the agreement of another agency is called piggybacking. The ability to piggyback onto an existing contract is not unlimited. The Sub- Recipient's written procurement policy shall be submitted to the Division and shall allow for piggybacking. The existing contract shall contain language or other legal authority authorizing third parties to make purchases from the contract with the vendor's consent. The terms and conditions of the new contract, including the Scope of Work, shall be substantially the same as those of the existing contract and approved by the Division. The piggyback contract shall not 52 exceed the existing contract in scope or volume of goods or services. A Sub-Recipient shall not use the preexisting contract merely as a "basis to begin negotiations" for a broader or materially different contract. Section 215.971, Florida Statutes Statutory changes enacted by the Legislature impose additional requirements on grant and Sub- Recipient agreements funded with federal or state financial assistance. Section 215.971(1) states: An agency agreement that provides state financial assistance to a Recipient or Sub-Recipient, as those terms are defined in section215.97, Florida Statutes, or that provides federal financial assistance to a Sub-Recipient, as defined by applicable United States Office of Management and Budget circulars, shall include all of the following: • A provision specifying a Scope of Work that clearly establishes the tasks that the Recipient or Sub-Recipient is required to perform. • A provision dividing the agreement into quantifiable units of deliverables that shall be received and accepted in writing by the agency before payment. Each deliverable shall be directly related to the Scope of Work and specify the required minimum level of service to be performed and the criteria for evaluating the successful completion of each deliverable. • A provision specifying the financial consequences that apply if the Recipient or Sub- Recipient fails to perform the minimum level of service required by the agreement. The provision can be excluded from the agreement only if financial consequences are prohibited by the federal agency awarding the grant. Funds refunded to a state agency from a Recipient or Sub-Recipient for failure to perform as required under the agreement may be expended only in direct support of the program from which the agreement originated. • A provision specifying that a Recipient or Sub-Recipient of federal or state financial assistance may expend funds only for allowable costs resulting from obligations incurred during the specified agreement period. • A provision specifying that any balance of unobligated funds which has been advanced or paid shall be refunded to the state agency. • A provision specifying that any funds paid in excess of the amount to which the Recipient or Sub-Recipient is entitled under the terms and conditions of the agreement shall be refunded to the state agency. • Any additional information required pursuant to s. 215.97. O. Unallowable Procurement Practices Noncompetitive Pricing Practices: Noncompetitive pricing practices between firms or between affiliated companies are prohibited. Subrecipients shall undertake reasonable efforts to ensure that prospective vendors have not engaged in noncompetitive pricing practices when responding to a solicitation, and that they themselves have not when soliciting vendors. If noncompetitive pricing practices are identified, the activity shall be reported to the Division. Below are common noncompetitive pricing practices: • Bid rigging: Occurs when conspiring competitors raise prices under a process where a purchaser acquires goods or services by soliciting competing bids. Competitors agree in advance who will submit the lowest priced or winning bid on a contract. Bid rigging takes many forms, but conspiracies usually fall into one or more of the following categories: bid suppression, complementary bidding, and bid rotation. 53 • Bid suppression: Where one or more competitor(s), who otherwise would be expected to bid or who have previously bid, agree to refrain from bidding or withdraw a previously submitted bid so that the designated winning competitor's bid will be accepted. • Complementary bidding: Also known as "cover" or"courtesy" bidding, occurs when some competitors agree to submit bids that are either too high to be accepted or contain special terms that will not be acceptable to the buyer. Such bids are not intended to secure the buyer's acceptance but are merely designed to give the appearance of genuine competitive bidding while making the designated winning competitor's bid appear most attractive. Complementary bidding schemes are a frequent form of bid rigging. They defraud purchasers by creating the appearance of competition to conceal secretly inflated prices. • Bid rotation: A scheme where all conspirators submit bids but take turns being the lowest bidder. The terms of the rotation may vary. For example, competitors may take turns on contracts according to the size of the contract, allocating equal amounts to each conspirator, or allocating volumes that correspond to the size of each conspirator company. P. Unique Entity Identifier(UEI) and System for Award Management(SAM) Sub-Recipients for this award shall: • Be registered in SAM; • Provide a valid DUNS number; and • Continue to maintain an active UEI with current information at all times during which it has an active federal award. Q. Reporting Requirements 1. Quarterly Programmatic Reporting: The Quarterly Programmatic Report is due within thirty (30) days after the end of the reporting periods (March 31, June 30, September 30, and December 31) for the life of this contract. • If a report(s) is delinquent, future financial reimbursements shall be withheld until the Sub-Recipient's reporting is current. • If a report goes three (3) consecutive quarters from date of execution without the Sub- Recipient reflecting any activity and/or expenditures it shall result in the issuance of a noncompliance letter, and a written justification shall then be provided. o Based on the Division's determination, the Sub-Recipient shall have thirty (30) days to submit a letter of appeal to the Division. o Sub-Recipients shall only be allowed one opportunity to appeal. o If the appeal is denied, or if there is no response to the notification of noncompliance, the Sub-Recipient's funds shall be terminated. • If a report goes four (4) consecutive quarters from date of execution without the Sub- Recipient reflecting any activity and/or expenditures, it shall result in termination of the agreement. Programmatic Reporting Schedule Reporting Period Report due to FDEM no later than January 1 through March 31 April 30 54 April 1 through June 30 July 31 July 1 through September 30 October 31 October 1 through December 31 January 31 2. Programmatic Reporting- Biannual Strategic Implementation Report(BSIR): After the end of each reporting period, for the life of the contract unless directed otherwise, the Division, shall complete the Biannual Strategic Implementation Report in the Grants Reporting Tool (GRT) https://www.reporting.odp.dhs.gov. The reporting periods are January 1-June, July 1-December 31. Data entry is scheduled for December 1 and June 1 respectively. Future awards and reimbursement may be withheld if these reports are delinquent. 3. Reimbursement Requests: A request for reimbursement may be sent to your grant manager for review and approval at any time during the contract period. Reimbursements shall be requested within ninety (90) calendar days of expenditure of funds, and quarterly at a minimum. Failure to submit request for reimbursement within ninety (90) calendar days of expenditure shall result in denial of reimbursement. The Sub-Recipient should include the category's corresponding line-item number in the "Detail of Claims"form. This number can be found in the "Proposed Program Budget". A line-item number is to be included for every dollar amount listed in the "Detail of Claims"form. 4. Close-out Programmatic Reporting: The Close-out Report is due to the Florida Division of Emergency Management no later than sixty (60) calendar days after the agreement is either completed or the agreement has expired. 5. Administrative Closeout An administrative closeout may be conducted when a recipient is not responsive to the Division's reasonable efforts to collect required reports, forms, or other documentation needed to complete the standard award and/or closeout process. The Division shall make three (3)written attempts to collect required information before initiating an administrative closeout. If an award is administratively closed, the Division may decide to impose remedies for noncompliance per 2 C.F.R. §200.339, consider this information in reviewing future award applications, or apply special conditions to existing or future awards. R. Period of Performance (POP) Extensions An extension to the period of performance identified in the agreement is allowable under limited circumstances and shall only be considered through formal, written requests to the Division. All extension requests shall contain specific and compelling justifications as to why an extension is required, and shall address the following: 1. The grant program, fiscal year, and agreement number; 2. Reason for the delay—including details of the legal, policy, or operational challenges that prevent the final expenditure of awarded funds by the deadline; 3. Current status of project activity; 4. Requested POP termination date and new project completion date; 5. Amount of funds reimbursed to date; 6. Remaining available funds; 7. Budget outlining how the remaining funds shall be expended; 8. Plan for completion, including milestones and timeframes for achieving each milestone and the position or person responsible for implementing the plan for completion; and 55 9. Certification that the activity(ies) shall be completed within the extended POP without any modification to the original statement of work, as described in the investment justification and as approved by FEMA. Extension requests are typically granted for no more than a six (6) month period, and shall be granted only due to compelling legal, policy, or operational challenges. Extension requests shall only be considered for the following reasons: • Contractual commitments by the recipient or Sub-Recipient with vendors prevent completion of the project within the existing POP; • The project shall undergo a complex environmental review that cannot be completed within the existing POP; • Projects are long-term by design, and therefore acceleration would compromise core programmatic goals; or • Where other special or extenuating circumstances exist. Subrecipient's shall be limited to one (1)extension over the grant period of performance. Extension requests shall not be considered within the last one hundred eighty(180) days of the grant period of performance. S. Programmatic Point of Contact Contractual Point of Contact Programmatic Point of Contact Nyjuah Nixon Teresa Warner FDEM FDEM 2555 Shumard Oak Blvd. 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 Tallahassee, FL 32399-2100 (850) 815-4305 (850) 815-4351 Nyjuah.Nixon@em.myflorida.com Teresa.warner@em.myflorida.com T. Contractual Responsibilities • The Division shall determine eligibility of projects and approve changes in Scope of Work. • The Division shall administer the financial processes. U. Failure to Comply Failure to comply with any of the provisions outlined above shall result in disallowance of reimbursement for expenditures. 56 ATTACHMENT D Program Statutes and Regulations 1) Age Discrimination Act of 1975 42 U.S.C. § 6101 et seq. 2) Americans with Disabilities Act of 1990 42 U.S.C. § 12101-12213 3) Chapter 473, Florida Statutes 4) Chapter 215, Florida Statutes 5) Chapter 252, Florida Statutes 6) Title VI of the Civil Rights Act of 1964 42 U.S.C. §2000 et seq. 7) Title VIII of the Civil Rights Acts of 1968 42 U.S.C. § 3601 et seq. 8) Copyright notice 17 U.S.C. §§ 401 or 402 9) Assurances, Administrative Requirements, Cost Principles, Representations and Certifications 2 C.F.R. Part 200 10) Debarment and Suspension Executive Orders 12549 and 12689 11) Drug Free Workplace Act of 1988 41 U.S.C. § 701 et seq. 12) Duplication of Benefits 2 C.F.R. Part 200, Subpart E 13) Energy Policy and Conservation Act 42 U.S.C. § 6201 et seq. 14) False Claims Act and Program Fraud Civil Remedies 31 U.S.C. § 3729-3733 also 31 U.S.C. § 3801-3812 15) Fly America Act of 1974 49 U.S.C. § 41102 also 49 U.S.C. §40118 16) Hotel and Motel Fire Safety Act of 1990 15 U.S.C. § 2225a 17) Lobbying Prohibitions 31 U.S.C. § 1352 18) Patents and Intellectual Property Rights 35 U.S.C. §200 et seq. 19) Procurement of Recovered Materials section 6002 of Solid Waste Disposal Act 20) Terrorist Financing Executive Order 13224 21) Title IX of the Education Amendments of 1972 (Equal Opportunity in Education Act) 20 U.S.C. § 1681 et seq. 22) Trafficking Victims Protection Act of 2000 22 U.S.C. § 7104 23) Rehabilitation Act of 1973 Section 504, 29 U.S.C. § 794 24) USA Patriot Act of 2001 18 U.S.C. § 175-172c 25) Whistleblower Protection Act 10 U.S.C. § 2409, 41 US.C. § 4712, and 10 U.S.C. §2324, 41 U.S.C. §4304 and § 4310 26) 53 Federal Register 8034 27) Rule Chapters 27P-6, 27P-11, and 27P-19, Florida Administrative Code 28) Section 287.138, Florida Statutes 57 ATTACHMENT E JUSTIFICATION OF ADVANCE PAYMENT SUB-RECIPIENT: Requests for an advance shall be submitted at the time of agreement execution or approval of the EHP, if required. If you are requesting an advance, indicate same by checking the box below and completing the Estimated Expenses table. [ ]ADVANCE REQUESTED (Maximum request amount may not exceed fifty percent.) Advance payment of$ is requested. Balance of payments will be made on a reimbursement basis. This advance will be used on equipment specific projects within the budget of the agreement. We would not be able to operate the program without this advance. ESTIMATED EXPENSES Project Days to complete Funding amount requested LINE-ITEM JUSTIFICATION (For each line item, provide a detailed justification explaining the need for the cash advance. The justification shall include supporting documentation that clearly shows the advance shall be expended within the first ninety(90) days of the contract term or approval of the EHP, if required. Support documentation should include but is not limited to the following: quotes for purchases, delivery timelines, salary and expense projections, etc.to provide the Division reasonable and necessary justification. Any advance funds not expended within the specified timeframe shall be returned to the Division Cashier, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399,within thirty(30) days, along with any interest earned on the advance) *REQUESTS FOR ADVANCE PAYMENTS SHALL BE CONSIDERED ON A CASE BY CASE BASIS* **EHP SHALL BE COMPLETED AND APPROVED BY FEMA PRIOR TO ADVANCE** Signature of Sub-Recipient Date: Name and Title of Sub-Recipient ATTACHMENT F WARRANTIES AND REPRESENTATIONS 58 Financial Management The Sub-Recipient's financial management system shall comply with 2 C.F.R. § 200.302. Procurements Any procurement undertaken with funds authorized by this Agreement shall comply with the requirements of 2 C.F.R. § 200, Part D—Post Federal Award Requirements—Procurement Standards (2 C.F.R. §§200.318 through 200.327). Business Hours The Sub-Recipient shall have its offices open for business, with the entrance door open to the public, and at least one employee on site, from: Licensing and Permitting All subcontractors or employees hired by the Sub-Recipient shall have all current licenses and permits required for the particular work for which they are hired by the Sub-Recipient. 59 ATTACHMENT G CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION Subcontractor Covered Transactions The prospective subcontractor, of the Sub-Recipient certifies, by submission of this document, that neither it, its principals, nor its affiliates are presently debarred, suspended, proposed for debarment, declared ineligible, voluntarily excluded, or disqualified from participation in this transaction by any federal department or agency. SUB-CONTRACTOR: By: Signature Sub-Recipient's Name Name and Title FDEM Agreement Number Street Address City, State, Zip Date 60 ATTACHMENT H STATEMENT OF ASSURANCES All of the instructions, guidance, limitations, and other conditions set forth in the Notice of Funding Opportunity (NOFO) for this program are incorporated here by reference in the terms and conditions of your award. All Sub-Recipients shall comply with any such requirements set forth in the program NOFO. All Sub-Recipients who receive awards made under programs that prohibit supplanting by law shall ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non-federal sources. All Sub-Recipients shall acknowledge their use of federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds. Any cost allocable to a particular federal award provided for in 2 C.F.R. Part 200, Subpart E shall not be charged to other federal awards to overcome fund deficiencies, to avoid restrictions imposed by federal statutes, regulations, or terms and conditions of the federal awards, or for other reasons. However, this prohibition would not preclude a Sub-Recipient from shifting costs that are allowable under two or more federal awards in accordance with existing federal statutes, regulations, or the terms and conditions of the federal award. Sub-Recipients are required to comply with the requirements set forth in the government-wide Award Term regarding the System for Award Management and Universal Identifier Requirements located at 2 C.F.R. Part 25, Appendix A, the full text of which incorporated here by reference in the terms and conditions of your award. All Sub-Recipients shall acknowledge and agree to comply with applicable provisions governing DHS access to records, accounts, documents, information, facilities, and staff. 1. Sub-Recipient shall cooperate with any compliance review or compliant investigation conducted by the State Administrative Agency or DHS. 2. Sub-Recipient shall give the State Administrative Agency, DHS or through any authorized representative, access to and the right to examine and copy, records, accounts, and other documents and sources of information related to the federal financial assistance award and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance. 3. Sub-Recipient shall submit timely, complete, and accurate reports to the Division and maintain appropriate backup documentation to support the reports. Sub-Recipients shall also comply with all other special reporting, data collection and evaluation requirements, as prescribed by law or detailed in program guidance. 4. Sub-Recipient shall acknowledge their use of federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds. 5. Sub-Recipient who receives awards made under programs that provide emergency communications equipment and its related activities shall comply with SAFECOM Guidance for Emergency Communications Grants, including provisions on technical standards that ensure and enhance interoperable communications. 6. When original or replacement equipment acquired under this award by the Sub-Recipient is no longer needed for the original project or program or for other activities currently or previously 61 supported by DHS/FEMA, you shall request instructions from the Division to make proper disposition of the equipment pursuant to 2 C.F.R. § 200.313. 7. DHS/FEMA funded activities that may require an EHP review are subject to FEMA's Environmental Planning and Historic Preservation (EHP) review process. This review does not address all federal, state, and local requirements. Acceptance of federal funding requires recipient to comply with all federal, state, and local laws. Failure to obtain all appropriate federal, state, and local environmental permits and clearances may jeopardize federal funding. If ground disturbing activities occur during construction, applicant shall monitor ground disturbance, and if any potential archeological resources are discovered, applicant shall immediately cease work in that area and notify the pass-through entity, if applicable, and DHS/FEMA. 8. Sub-Recipients are required to comply with the Build America, Buy America Act (BABAA), which was enacted as part of the Infrastructure Investment and Jobs Act Sections 70901- 70927, Pub. L. No. 117-58 (2021); and Executive Order 14005, Ensuring the Future is Made in All of America by All of America's Workers. 9. Sub-Recipient shall comply with the applicable provisions of the following laws and policies prohibiting discrimination: a. Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination based on race, color, or national origin (including limited English proficiency). b. Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination based on disability. c. Title IX of the Education Amendments Act of 1972, as amended, which prohibits discrimination based on sex in education programs or activities. d. Age Discrimination Act of 1975, which prohibits discrimination based on age. e. U.S. Department of Homeland Security regulation 6 C.F.R. Part 19, which prohibits discrimination based on religion in social service programs. 62 ATTACHMENT I MANDATORY CONTRACT PROVISIONS Provisions: Any contract or subcontract funded by this Agreement shall contain the applicable provisions outlined in Appendix II to 2 C.F.R. Part 200. It is the responsibility of the Sub-Recipient to include the required provisions. The following is a list of sample provisions from Appendix II to 2 C.F.R. Part 200 that may be required:' Appendix II to Part 200—Contract Provisions for Non-Federal Entity Contracts Under Federal Awards In addition to other provisions required by the federal agency or non-federal entity, all contracts made by the non-federal entity under the federal award shall contain provisions covering the following, as applicable. (A) Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, shall address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. (B) All contracts in excess of$10,000 shall address termination for cause and for convenience by the non-federal entity including the manner by which it will be affected and the basis for settlement. (C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of"federally assisted construction contract" in 41 CFR Part 60-1.3 shall include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." (D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by federal program legislation, all prime construction contracts in excess of$2,000 awarded by non-federal entities shall include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors shall be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors shall be required to pay wages not less than once a week. The non-federal entity shall place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract shall be conditioned upon the acceptance of the wage determination. The non-federal entity shall report all suspected or reported violations to the federal awarding agency. The contracts shall also include a provision for compliance with the Copeland "Anti- Kickback"Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or Sub-Recipient shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non- federal entity shall report all suspected or reported violations to the federal awarding agency. (E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of$100,000 that involve the employment of mechanics or laborers shall include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. § 3702 of the Act, each contractor shall be required to compute the wages of every mechanic and laborer on the basis of a For example, the Davis-Bacon Act is not applicable to other FEMA grant and cooperative agreement programs, including the Public Assistance Program or Hazard Mitigation Grant Program; however, Sub- Recipient may include the provision in its subcontracts. 63 standard work week of forty (40) hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of forty (40) hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. (F) Rights to Inventions Made Under a Contract or Agreement. If the federal award meets the definition of"funding agreement" under 37 CFR §401.2(a) and the recipient or Sub-Recipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement,"the recipient or Sub-Recipient shall comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. (G) Clean Air Act (42 U.S.C. §§ 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in excess of$150,000 shall contain a provision that requires the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. §§ 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. §§ 1251-1387).Violations shall be reported to the federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). (H) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR§ 180.220) shall not be made to parties listed on the governmentwide Excluded Parties List System in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1986 Comp., p. 189) and 12689 (3 CFR Part 1989 Comp., p. 235), "Debarment and Suspension." The Excluded Parties List System in SAM contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. (1) Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352)—Contractors that apply or bid for an award of$100,000 or more shall file the required certification. Each tier certifies to the tier above that it shall not and has not used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. (J) See 2 C.F.R. §200.323 Procurement of recovered materials. (K) See 2 C.F.R. § 200.216 Prohibition on certain telecommunication and video surveillance services or equipment. (L) See 2 C.F.R. § 200.322 Domestic preferences for procurements (Appendix II to Part 200, Revised Eff. 1111212020). Please note that the Sub-Recipient alone is responsible for ensuring that all language included in its contracts meets the requirements of*2 C ER. §200.327 and 2 C ER. Part 200,Appendix H. ATTACHMENT J FINANCIAL AND PROGRAM MONITORING GUIDELINES Florida has enhanced state and local capability and capacity to prevent, prepare and respond to terrorist threats since 1999 through various funding sources including federal grant funds. The Division has a responsibility to track and monitor the status of grant activity and items purchased to ensure compliance with applicable Emergency Management Performance Grant (EMPG) Program guidance and statutory regulations. The monitoring process is designed to assess a Sub-Recipient agency's compliance with applicable state and federal guidelines. 64 Monitoring is accomplished utilizing various methods including desk monitoring and on-site visits. There are two primary areas reviewed during monitoring activities-financial and programmatic monitoring. Financial monitoring primarily focuses on statutory and regulatory compliance with administrative grant requirements. It involves the review of records associated with the purchase and disposition of property, projects and contracts. Programmatic monitoring seeks to validate and assist in the grant progress, targeting issues that may be hindering project goals and ensuring compliance with the purpose of the grant and overall grant program. Programmatic monitoring involves the observation of equipment purchased, protocols and other associated records. Various levels of financial and programmatic review may be accomplished during the monitoring process. Pursuant to 2 C.F.R. §200.337, the Division has the right, at all reasonable times, to make site visits or conduct desk reviews to review project accomplishments and management control systems to review award progress and to provide any required technical assistance. During site visits or desk reviews, The Division shall review recipients' files related to the award. As part of any monitoring and program evaluation activities, recipients shall permit the Division, upon reasonable notice, to review grant-related records and to interview the organization's staff and contractors regarding the program. Recipients shall respond in a timely and accurate manner to the Division's requests for information relating to the award. Monitoring Selection and Scheduling: Each year the Division shall conduct monitoring based on a "Risk Assessment". The risk assessment tool is used to help in determining the priority of Sub-Recipients that should be reviewed and the level of monitoring that should be performed. Note that although a given grant may be closed, it is still subject to either desk or on-site monitoring for a five (5)year period following closure. Areas that shall be examined include: • Management and administrative procedures; • Grant folder maintenance; • Equipment accountability and sub-hand receipt procedures; • Program for obsolescence; • Status of equipment purchases; • Status of training for purchased equipment; • Status and number of response trainings conducted to include number trained; • Status and number of exercises; • Status of planning activity; • Anticipated projected completion; • Difficulties encountered in completing projects; • Agency NIMS/ICS compliance documentation; • Equal Employment Opportunity (EEO Status); • Procurement Policy The Division may request additional monitoring/information of the activity, or lack thereof, generates questions from the region,the sponsoring agency or the Division's leadership. The method of gathering this information shall be determined on a case-by-case basis. Monitoring Activities: Desk reviews and site visits are two forms of monitoring. Desk monitoring is the review of projects, financial activity and technical assistance between the Division and the applicant via e-mail and telephone. On-site monitoring are actual visits to the Sub-Recipient agencies by Division representatives who examines records, procedures and equipment. Desk monitoring is an on-going process. Sub-Recipients shall be required to participate in desktop monitoring as determined by the Division. This contact shall provide an opportunity to identify the need 65 for technical assistance (TA) and/or a site visit if the Division determines that a Sub-Recipient is having difficulty completing their project. As difficulties/deficiencies are identified, the respective region or sponsoring agency shall be notified by the program office via email. Information shall include the grant Sub-Recipient agency name, year and project description and the nature of the issue in question. Many of the issues that arise may be resolved at the regional or sponsoring agency level. Issues that require further TA shall be referred to the division for assistance. Examples of TA include but are not limited to: • Equipment selection or available vendors • Eligibility of items or services • Coordination and partnership with other agencies within or outside the region or discipline • Record Keeping • Reporting Requirements • Documentation in support of a Request for Reimbursement On-site monitoring shall be conducted by the Division or designated personnel. On-site monitoring visits shall be scheduled in advance with the Sub-Recipient agency POC designated in the grant agreement. The Division shall also conduct coordinated financial and grant file monitoring. Subject matter experts from other agencies within the region or state may be called upon to assist in the form of a peer review as needed. On-Site Monitoring Protocol On-site monitoring visits shall begin with those grantees that are currently spending or have completed spending for that federal fiscal year (FFY). Site visits may be combined when geographically convenient. There is a financial/programmatic On-site monitoring checklist to assist in the completion of all required tasks. Site Visit Preparation A letter shall be sent to the Sub-Recipient agency Point of Contact(POC) outlining the date,time and purpose of the site visit before the planned arrival date. The appointment shall be confirmed with the grantee in writing (email is acceptable) and documented in the grantee folder. The physical location of any equipment located at an alternate site should be confirmed with a representative from that location and the address should be documented in the grantee folder before the site visit. On-Site Monitoring Visit Once Division personnel have arrived at the site, an orientation conference shall be conducted. During this time, the purpose of the site visit and the items the Division intends to examine shall be identified. All objectives of the site visit shall be explained during this time. Division personnel shall review all files and supporting documentation. Once the supporting documentation has been reviewed, a tour/visual/spot inspection of equipment shall be conducted. Each item selected for review shall be visually inspected whenever possible. Larger items (computers, response vehicles, etc.) shall have an asset decal (information/serial number) placed in a prominent location on each piece of equipment as per Sub-Recipient agency requirements. The serial number shall correspond with the appropriate receipt to confirm purchase. Photographs shall be taken of the equipment (large capital expenditures in excess of$1,000. per item). If an item is not available (being used during time of the site visit), the appropriate documentation shall be provided to account for that particular piece of equipment. Other programmatic issues can be discussed 66 at this time, such as missing quarterly reports, payment voucher/reimbursement, equipment, questions, etc. Post Monitoring Visit Division personnel shall review the On-site monitoring worksheets and backup documentation as a team and discuss the events of the On-site monitoring. Within forty-five (45) calendar days of the site visit, a post monitoring letter shall be generated and sent to the grantee explaining any issues and corrective actions required or commendations. Should issues or findings be identified, a noncompliance letter to that effect shall be generated and sent to the Sub- Recipient. The Sub-Recipient shall submit a Corrective Action Plan (CAP)within a timeframe as determined by the Division. Noncompliance on behalf of sub-grantees is resolved by management under the terms of the Sub-Grant Agreement. The On-site monitoring report and all back up documentation shall then be included in the Sub-Recipient's file. Monitoring Responsibilities of Pass-thru Entities Sub-Recipients who are pass-through entities are responsible for monitoring their Sub-Recipients in a manner consistent with the terms of the Federal award at 2 C.F.R. Part 200, including 2 C.F.R. § 200.332. This includes the pass-through entity's responsibility to monitor the activities of the Sub- Recipient as necessary to ensure that the subaward is used for authorized purposes, in compliance with federal statutes, regulations, and the terms and conditions of the subaward; and that subaward performance goals are achieved. Sub-Recipient responsibilities also include but are not limited to: accounting of receipts and expenditures, cash management, maintaining adequate financial records, reporting and refunding expenditures disallowed by audits, monitoring if acting as a pass-through entity, other assessments and reviews, and ensuring overall compliance with the terms and conditions of the award or subaward, as applicable, including the terms of 2 C.F.R. Part 200. [Remainder of page intentionally left blank] ATTACHMENT K EHP GUIDELINES ENVIRONMENTAL PLANNING & HISTORIC PRESERVATION (EHP) COMPLIANCE GUIDELINES As a federal agency, FEMA is required to consider the effects of its actions on the environment and/or historic properties to ensure that all activities and programs funded by the agency, including grants- funded projects, comply with federal EHP regulations, laws and Executive Orders as applicable. Sub- Recipient's proposing projects that have the potential to impact the environment, including but not limited to construction of communication towers, modification or renovation of existing buildings, structures and facilities, or new construction including replacement of facilities, must participate in the FEMA EHP review process. The EHP review process involves the submission of a detailed project description that explains the goals and objectives of the proposed project along with supporting documentation so that FEMA may determine whether the proposed project has the potential to impact environmental resources and/or historic properties. In some cases, FEMA also is required to consult with other regulatory agencies and the public in order to complete the review process. The EHP review process must be completed and approved before funds are released to carry out the proposed project. FEMA will not fund projects that are initiated without the required EHP review. 67 Additionally, all Sub-Recipients are required to comply with DHS/FEMA EHP Policy Guidance, FEMA Policy#108-023-1. Some training and exercise activities require Environmental and Historic Preservation (EHP) Review, including exercises, drills or trainings that require any type of land, water, or vegetation disturbance or building of temporary structures or that are not located at facilities designed to conduct training and exercises. A thorough, detailed description of projects listed under these categories shall be required in order to determine allowability. Additional information on training requirements and EHP review can be found online at Environmental & Historic Preservation Guidance for FEMA Grant Applications FEMA.gov. Once the grant agreement has been executed by both parties the EHP Screening Form shall be submitted to the Division within forty-five(45) days. EHP SCREENING FORM SUBMISSION I. For projects requiring EHP review, the Sub-Recipient shall submit the EHP Screening Form to the State Administrative Agency (SAA) for review prior to funds being expended. The SAA Point of Contact for EHP review is: Mr. Terence Blakely Bureau of Preparedness Grants— EMPG Programmatic Manager 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Telephone: 850-815-4367 Terence.Blakelyt-em.Myflorida.com II. The SAA POC shall forward EHP Screening Forms to DHS/FEMA for review and approval. III. Sub-Recipient's shall receive written approval from the SAA prior to the use of grant funds for project implementation. THE PROJECT SHALL NOT BEGIN UNTIL FINAL FEMA APPROVAL IS RECEIVED. 68 ATTACHMENT L REIMBURSEMENT CHECKLIST PLANNING ❑ 1. Does the amount billed by consultant add up correctly? ❑ 2. Has all appropriate documentation to denote hours worked been properly signed? ❑ 3. Have copies of all planning materials and work product (e.g. meeting documents, copies of plans) been included? (Note - If a meeting was held by Sub-Recipient or contractor/consultant of Sub- Recipient, an agenda and signup sheet with meeting date ❑ 4. Has proof of payment been included? Canceled check, or bank statement or transaction history(Showing the transaction was processed by the bank) Electronic Funds Transfer(EFT) Confirmation Credit Card Statement or payment to credit card company for that statement ❑ 5. Has Attachment G (found within Agreement with FDEM) been completed for this contractor/consultant and included in the reimbursement package? 6. Has proof of purchase methodology been included? Sole Source(approved by FDEM for purchases) State Contract(page showing contract#, price list) Competitive bid results(e.g. Quotewire, bid tabulation page) Consultants/Contractors (Note: this applies to contractors also billed under Organization) TRAINING ❑ 1. Is the course DHS approved? ❑ 2. Is there a course or catalog number? ❑ 3. If not, has FDEM approved the non-DHS training? ❑ 4. Have Sign-In Sheets, or signed rosters, preprinted, been provided? ❑ 5. If billing for overtime and/or backfill, has documentation been provided that lists attendee names, department, #of hours spent at training, hourly rate and total amount paid to each attendee? Have documentation from entity's financial system been provided as proof attendees were paid? For backfill, has a clear delineation/cross reference been provided showing who was backfilling who? ❑ 6. Have the names on the sign-in sheets been cross-referenced with the names of the individuals for whom training reimbursement costs are being sought? ❑ 7. Have any expenditures occurred in support of the training such as printing costs, costs related to administering the training, planning, scheduling, facilities, materials and supplies, reproduction of materials, and equipment? If so, receipts and proof of payment shall be submitted. Canceled check, or bank statement or transaction history(Showing the transaction was processed by the bank) Electronic Funds Transfer(EFT) Confirmation Credit Card Statement or payment to credit card company for that statement 8. Has proof of purchase methodology been included?. Sole Source(approved by FDEM for purchases) 69 State Contract(page showing contract#, price list) Competitive bid results(e.g. Quotewire, bid tabulation page) EXERCISE ❑ 1. Has documentation been provided on the purpose/objectives of the exercise? Situation Manual or Exercise Plan After-action report Sign-in sheets or preprinted roster ❑ 2. If billing for overtime and backfill, has a spreadsheet been provided that lists attendee names, department, #of hours spent at exercise, hourly rate and total paid to each attendee? Have documentation from entity's financial system been provided to prove attendees were paid? For backfill, has a clear delineation/cross reference been provided showing who was backfilling who? 3. Have the names on the sign-in sheets been cross-referenced with the names of the individuals for whom exercise reimbursement costs are being sought? ❑ 4. Have any expenditures occurred on supplies(e.g., copying paper, gloves,tape, etc)in support of the exercise? If so, receipts and proof of payment shall be included. Canceled check or Bank statement or transaction history(Showing the transaction was processed by the bank) Electronic Funds Transfer(EFT) Confirmation Credit Card Statement or payment to credit card company for that statement ❑ 5. Have any expenditures occurred on rental of space/locations for exercises planning and conduct, exercise signs, badges, etc.? If so, receipts and proof of payment shall be included. Canceled check or bank statement or transaction history(Showing the transaction was processed by the bank) Electronic Funds Transfer(EFT) Confirmation Credit Card Statement or payment to credit card company for that statement ❑ 7. Has proof of purchase methodology been included? Sole Source(approved by FDEM for purchases) State Contract(page showing contract#, price list) Competitive bid results(e.g. Quotewire, bid tabulation page) EQUIPMENT ❑ 1. Has the zero dollar invoice and signed from the consultant/contractor been include? ❑ 2. Has an AEL#been identified for each purchase? ❑ 3. If service/warranty expenses are listed, are they only for the performance period of the grant? ❑ 4. Has proof of payment been included? Canceled check, bank statement or transaction history(Showing the transaction was processed by the bank) Electronic Funds Transfer(EFT) Confirmation Credit Card Statement or payment to credit card company for that statement ❑ 5. If EHP form needed, has a copy of the approval DHS been included? 6. Has proof of purchase methodology been included? Sole Source(approved by FDEM for purchases) State Contract(page showing contract#, price list) 70 Competitive bid results(e.g. Quotewire, bid tabulation page) TRAVEL/CONFERENCES 1. Have all receipts been turned in, itemized and do the dates on the receipts match travel dates? Airplane receipts Proof of mileage (Google or Yahoo map printout or mileage log) Toll and/or Parking receipts Hotel receipts(is there a zero balance?) Car rental receipts Registration fee receipts Note: Make sure that meals paid for by conference are not included in per diem amount El 2. If travel is a conference has the conference agenda been included? 3. Has proof of payment to traveler been included? Canceled check or bank statement or transaction history(Showing the transaction was processed by the bank Electronic Funds Transfer(EFT) Confirmation Credit Card Statement& payment to credit card company for that statement Copy of paycheck if reimbursed through payroll SALARY POSITIONS 1. Has a signed timesheet by employee and supervisor been included? Timesheet shall certify the hours and information presented as true and correct. 2. Has proof for time worked by the employee been included? Is time period summary included? Statement of Earnings Copy of Payroll Check Payroll Register For fusion center analysts, have the certification documents been provided to the Division to demonstrate compliance with training and experience standards? For fusion center analysts, has documentation of PPR submission via the annual Fusion Center Assessment been provided to the Division to demonstrate compliance with performance measurement requirements? ORGANIZATION 1. If billing for overtime and backfill, has a spreadsheet been provided that lists attendee names, department, #of hours spent at exercise, hourly rate and total paid to each attendee? Have documentation from entity's financial system been provided to prove attendees were paid? For backfill, has a clear delineation/cross reference been provided showing who was backfilling who? For Contract Security has time & effort documentation been submitted? Is a time period summary included?(Signed&certified timesheets reflecting the name and number of hours spent) **A signed contract between subrecipient and vendor shall be provided that outlines the agreement—number of officers,hourly rate, frequency,price, etc...) Please note: FDEM reserves the right to update this checklist throughout the life of the grant to ensure compliance with applicable federal and state rules and regulations. 71 ATTACHMENT M FOREIGN COUNTRY OF CONCERN AFFIDAVIT— PERSONAL IDENTIFYING INFORMATION CONTRACT Section 287.138, Florida Statutes, prohibits a Florida "Governmental entity"2 from entering into or extending contracts with any other entity whereby such a contract, or extension thereof, could grant the other entity access to an individual's personal identifying information if that entity is associated with a "Foreign Country of Concern.113 Specifically, section 287.138(2), Florida Statutes, prohibits such contracts with any entity that is owned by the government of a Foreign Country of Concern, any entity in which the government of a Foreign Country of Concern has a "controlling interest,114 and any entity organized under the laws of or which has its principal place of business in a Foreign Country of Concern. As the person authorized to sign on behalf of Respondent, I hereby attest that the company identified above in the section entitled "Respondent Vendor Name" is not an entity owned by the government of a Foreign Country of Concern, no government of a Foreign Country of Concern has a controlling interest in the entity, and the entity has not been organized under the laws of or has its principal place of business in a Foreign Country of Concern. I understand that pursuant to section 287.138, Florida Statutes, I am submitting this affidavit under penalty of perjury. Respondent Vendor Name: Vendor FEIN: Vendor's Authorized Representative Name and Title: Address: City: State: Zip: Phone Number: Email Address: Certified By: AUTHORIZED SIGNATURE Print Name and Title: Date: z As defined in Section 287.138 (1)(d), Florida Statutes. 3 As defined in Section 287.138 (1)(c), Florida Statutes. 4 As defined in Section 287.138 (1)(a), Florida Statutes. 72